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

 

Date:

Time:

Meeting Room:

Venue:

 

Thursday, 1 September 2022

10.00am

Reception Lounge
Auckland Town Hall
301-305 Queen Street
Auckland

 

Kōmiti Whakarite Mahere / Planning Committee

 

OPEN AGENDA

 

 

MEMBERSHIP

 

Chairperson

Cr Chris Darby

 

Deputy Chairperson

Cr Josephine Bartley

 

Members

Cr Dr Cathy Casey

Cr Richard Hills

 

Deputy Mayor Cr Bill Cashmore

Cr Tracy Mulholland

 

Cr Fa’anana Efeso Collins

Cr Daniel Newman, JP

 

Cr Pippa Coom

Cr Greg Sayers

 

Cr Linda Cooper, JP

Cr Desley Simpson, JP

 

Cr Angela Dalton

Cr Sharon Stewart, QSM

 

Cr Alf Filipaina, MNZM

Cr Wayne Walker

 

Cr Christine Fletcher, QSO

Cr John Watson

 

Mayor Hon Phil Goff, CNZM, JP

IMSB Member Karen Wilson

 

IMSB Member Hon Tau Henare

Cr Paul Young

 

Cr Shane Henderson

 

 

(Quorum 11 members)

 

 

 

Sarndra O'Toole

Kaiarataki Kapa Tohutohu Mana Whakahaere / Team Leader Governance Advisors

 

22 August 2022

 

Contact Telephone: (09) 890 8152

Email: sarndra.otoole@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


 


 

Terms of Reference

 

Responsibilities

 

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

 

·         relevant regional strategy and policy

·         transportation

·         infrastructure strategy and policy

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

·         Resource Management Act and relevant urban planning legislation framework

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

·         Auckland Plan implementation reporting on priorities and performance measures

·         structure plans and spatial plans

·         housing policy and projects

·         city centre and waterfront development

·         regeneration and redevelopment programmes

·         built and cultural heritage, including public art

·         urban design

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

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

 

Powers

 

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

(a)     approval of a submission to an external body

(b)     establishment of working parties or steering groups.

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

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

(iii)     The committee does not have:

(a)     the power to establish subcommittees

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

 

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

01 September 2022

 

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

5.1     Public Input: Extinction Rebellion Tamaki Makaurau - the Auckland geography of climate threats and their social implications                                               9

6          Local Board Input                                                                                                        10

6.1     Local Board Input: Puketapapa Local Board - Area Plan for parts of Puketapapa and Albert-Eden Local Boards                                                    10

6.2     Local Board Input: Albert-Eden Local Board - Area Plan for parts of Puketapapa and Albert-Eden Local Boards                                                    10

6.3     Local Board Input: Mangere-Ōtahuhu Local Board - Endorsement of Mangere-Otahuhu Area Plan Update 2022 and Otara-Papatoetoe Area Plan Middlemore Addendum 2022                                                                                                  11

6.4     Local Board Input: Ōtara-Papatoetoe Local Board - Endorsement of Mangere-Otahuhu Area Plan Update 2022 and Otara-Papatoetoe Area Plan Middlemore Addendum 2022                                                                                                  11

7          Extraordinary Business                                                                                              12

8          Endorsement of the Area Plan for parts of Puketāpapa and Albert-Eden Local Boards                                                                                                                           13

9          Endorsement of Māngere-Ōtāhuhu Area Plan Update 2022 and Ōtara-Papatoetoe Area Plan Middlemore Addendum 2022                                                                  119

10        Auckland Unitary Plan (Operative in Part) - Private Plan Change Request from Taste Business Investment Trust Limited to rezone land at 41 - 43 Brigham Creek Road, Whenuapai                                                                                                                  343

11        Summary of Confidential Decisions and related information released into Open 461

12        Summary of Planning Committee information items and briefings (including the forward work programme) – 1 September 2022                                                     463

13        Consideration of Extraordinary Items

 


1          Apologies

 

An apology from Mayor P Goff has been received.

 

 

2          Declaration of Interest

 

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

 

 

3          Confirmation of Minutes

 

That the Planning Committee:

confirm the ordinary minutes of its meeting, held on Thursday, 4 August 2022, including the confidential section, as a true and correct record.

 

 

4          Petitions

 

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

 

 

5          Public Input

 

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

 

5.1       Public Input: Extinction Rebellion Tamaki Makaurau - the Auckland geography of climate threats and their social implications

Te take mō te pūrongo

Purpose of the report

1.       Dr Mairi Jay, Extinction Rebellion Tāmaki Makaurau will speak to the committee about the Auckland geography of climate threats and their social implications.

 

 

Ngā tūtohunga

Recommendation/s

That the Planning Committee:

a)      receive the public input regarding the Auckland geography of climate threats and their social implications and thank Dr Mairi Jay from Extinction Rebellion Tāmaki Makaurau for attending the meeting.

 

 

 


 

 

6          Local Board Input

 

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

 

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

 

 

6.1       Local Board Input: Puketapapa Local Board - Area Plan for parts of Puketapapa and Albert-Eden Local Boards

Te take mō te pūrongo

Purpose of the report

1.       Julie Fairey, Chairperson and Member Harry Doig of the Puketāpapa Local Board will speak to the committee about the Area Plan for parts of the Puketāpapa and Albert-Eden Local Boards.

2.       This input relates to a report on the committee agenda:  Item 8 - Endorsement of the Area Plan for parts of Puketāpapa and Albert-Eden Local Boards.

 

Ngā tūtohunga

Recommendation/s

That the Planning Committee:

a)      whiwhi / receive the Puketāpapa Local Board input regarding the Area Plan for parts of the Puketāpapa and Albert-Eden Local Boards

b)      whakamihi / thank local board Chair Julie Fairey and Member Harry Doig for attending the meeting.

 

 

6.2       Local Board Input: Albert-Eden Local Board - Area Plan for parts of Puketapapa and Albert-Eden Local Boards

Te take mō te pūrongo

Purpose of the report

1.       Margi Watson, Chairperson Albert-Eden Local Board will speak to the committee about the Area Plan for parts of the Puketāpapa and Albert-Eden Local Boards.

2.       This input relates to a report on the committee agenda:  Item 8 - Endorsement of the Area Plan for parts of Puketāpapa and Albert-Eden Local Boards.

Ngā tūtohunga

Recommendation/s

That the Planning Committee:

a)      whiwhi / receive the Albert-Eden Board input regarding the Area Plan for parts of the Puketāpapa and Albert-Eden Local Boards

b)      whakamihi / thank local board Chair Margi Watson for attending the meeting.

 

 

 

 

6.3       Local Board Input: Mangere-Ōtahuhu Local Board - Endorsement of Mangere-Otahuhu Area Plan Update 2022 and Otara-Papatoetoe Area Plan Middlemore Addendum 2022

Te take mō te pūrongo

Purpose of the report

1.       Nick Bakulich, Chairperson Mangere-Ōtahuhu Local Board will speak to the committee about the Endorsement of Mangere-Otahuhu Area Plan Update 2022 and Otara-Papatoetoe Area Plan Middlemore Addendum 2022.

2.       This input relates to a report on the committee agenda:  Item 9 - Endorsement of Māngere-Ōtāhuhu Area Plan Update 2022 and Ōtara-Papatoetoe Area Plan Middlemore Addendum 2022.

Ngā tūtohunga

Recommendation/s

That the Planning Committee:

a)      whiwhi / receive the Mangere-Ōtahuhu Local Board input regarding the Endorsement of Mangere-Otahuhu Area Plan Update 2022 and Otara-Papatoetoe Area Plan Middlemore Addendum 2022

b)      whakamihi / thank local board Chair Nick Bakulich for attending the meeting.

 

 

 

 

6.4       Local Board Input: Ōtara-Papatoetoe Local Board - Endorsement of Mangere-Otahuhu Area Plan Update 2022 and Otara-Papatoetoe Area Plan Middlemore Addendum 2022

Te take mō te pūrongo

Purpose of the report

1.       Apulu Reece Autagavaia, Chairperson Ōtara-Papatoetoe Local Board will speak to the committee about the Endorsement of Mangere-Otahuhu Area Plan Update 2022 and Otara-Papatoetoe Area Plan Middlemore Addendum 2022.

2.       This input relates to a report on the committee agenda:  Item 9 - Endorsement of Māngere-Ōtāhuhu Area Plan Update 2022 and Ōtara-Papatoetoe Area Plan Middlemore Addendum 2022.

Ngā tūtohunga

Recommendation/s

That the Planning Committee:

a)      whiwhi / receive the Ōtara-Papatoetoe Local Board input regarding the Endorsement of Mangere-Otahuhu Area Plan Update 2022 and Otara-Papatoetoe Area Plan Middlemore Addendum 2022

b)      whakamihi / thank local board Chair Apulu Reece Autagavaia for attending the meeting.

 

 

 


 

 

7          Extraordinary Business

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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


Planning Committee

01 September 2022

 

 

Endorsement of the Area Plan for parts of Puketāpapa and Albert-Eden Local Boards

File No.: CP2022/09956

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To endorse the final content of the Area Plan for parts of Puketāpapa and Albert-Eden Local Boards.

Whakarāpopototanga matua

Executive summary

2.       The Area Plan for parts of Puketāpapa and Albert-Eden Local Boards provides a framework so that communities can help shape the area for the changes that will come with growth and development in the suburbs of Mt Roskill, Ōwairaka, Sandringham, Wesley, Waikōwhai and Three Kings over the next 30 years.

3.       The area plan sets out the vision, outcomes and actions for the plan area relating to natural environment, heritage, Māori identity and wellbeing, climate change responsiveness, healthy communities, housing, centres, open spaces, community facilities, transport and network infrastructure. The plan includes Mana Whenua cultural landscape maps and information, and desired outcomes for eight areas of special focus, where significant growth and change is anticipated.

4.       There have been two phases of public engagement. The first invited ideas for the draft plan during October and November 2020, and the second sought feedback on the draft plan during February and early March 2022.

5.       The Albert-Eden and Puketāpapa Local Boards have approved the content of the final plan for their local board areas at their business meetings held on 19 and 21 July 2022 respectively. Following consideration by the Planning Committee the final plan will be produced and published.

 

Ngā tūtohunga

Recommendation/s

That the Planning Committee:

a)      endorse the Area Plan for parts of Puketāpapa and Albert-Eden Local Boards shown in Attachment A of the agenda report.

b)      delegate authority to the Manager Central and South Planning to approve minor editorial changes to the plan, if necessary, prior to publication.

 

Horopaki

Context

6.       The area plan is a 30-year plan that seeks to support the growth and development in the ‘Development Areas’ of Mt Roskill and Three Kings identified in the Auckland Plan 2050, and the significant redevelopment of Kāinga Ora’s (formerly Housing New Zealand) land holdings in Puketāpapa and Albert-Eden Local Board areas for new homes through the Auckland Housing Programme.

 

 

 

7.       Other changes include:

·     Auckland Plan update 2018

·     Rapid Transit Investigation

·     Climate change emergency declaration by Auckland Council in 2019

·     More recent local board plans

·     COVID-19 epidemic effects since 2020

·     National Policy Statement on Urban Development.

8.       The Auckland Housing Programme is a Crown led initiative to deliver small, medium and large-scale housing developments in Auckland over the next 15 to 20 years. In the Mt Roskill area (encompassing the current Kāinga Ora development areas of Roskill South, Waikowhai and Ōwairaka), Kāinga Ora are proposing to replace approximately 3,000 state homes with up to 11,000 new homes on their landholdings over the next 15 to 20 years. Redevelopment of Kāinga Ora’s land holdings forms part of the regeneration of these suburbs, alongside private residential and commercial developments.

9.       In response to the Auckland Housing Programme, on 6 August 2019 the Planning Committee resolved to approve the development of an Integrated Area Plan for the Mt Roskill redevelopment area, which is part of the Albert-Eden and Puketāpapa local board areas.

10.     A working group comprising two members from Albert-Eden Local Board, all six members of the Puketāpapa Local Board, and eleven mana whenua representatives have provided direction and developed content with the council’s project team.

11.     Development of the area plan has been informed by specialist inputs and feedback, and through engagement with the community, mana whenua, and key stakeholders. Specialists within council and the council-controlled organisations (CCOs) have provided information about the existing environment and priority issues and opportunities for the area.

12.     Utilising these inputs and feedback from engagement, the project team has now developed the final version of the area plan (Attachment A).

13.     The plan sets out a vision, outcomes and actions focused on the suburbs of Mt Roskill, Ōwairaka, Sandringham, Wesley, Waikōwhai and Three Kings. The vision in the plan is:

With Te Auaunga (Oakley Creek) at its heart, linking Ōwairaka, Puketāpapa and Te Tātua-a-Riukiuta (Big King); this is an area with strong heritage and vibrant, diverse communities. 

Our vision is that future growth, in partnership with mana whenua as kaitiaki, will:

•      regenerate and develop this area

•      build a great place to live, work and visit 

•      be climate change resilient, with a low carbon footprint.

Our people celebrate the area’s rich history, care for the environment and are proud to call this place home.           


 

 

14.     The ten key outcomes in the plan are:

No

            Theme

Outcome

1

Natural environment

A protected, regenerated and healthy natural environment.

 

2

Māori identity and wellbeing

The kaitiaki role of mana whenua is respected, and Māori identity and wellbeing supported and uplifted.

3

Cultural and social history

The area’s diverse history and community is recognised, celebrated and retained.

 

4

Climate change responsiveness

A low carbon community that is resilient to climate change and natural hazards.

 

5

Healthy communities

Engaged, healthy and connected communities.

 

6

Housing

 

Enable an increase in housing supply and choices to meet current and future community needs.

 

7

Centres and employment

Revitalised and growing centres, providing a range of employment choices for local residents.

 

8

Open spaces and community facilities

A high quality network of parks and open spaces that are accessible and safe, with active community spaces and places.

 

9

Transport

Connected, walkable neighbourhoods that are safe and easy to get around and prioritise the use of active and public modes of transport.

 

10

Network infrastructure

New and upgraded infrastructure that embodies water sensitive design, including enhancement of water quality, that is resilient to the pressures of a growing population and climate change.

 

 

15.     The plan will be designed and published after it is endorsed by the Planning Committee. It will be available online, with a limited number of hard copies printed.


 

 

Tātaritanga me ngā tohutohu

Analysis and advice

16.     Discussions with the local board, specialists at Council and CCOs, together with engagement with mana whenua and responses from stakeholders and the community, show support for the plan. 

17.     Feedback received through public consultation on the draft plan showed that 86 per cent of responses supported the plan’s vision, and 90 per cent of responses indicated that the ten key outcomes in the plan were fairly or very important. There was also support for the actions, and additional ideas and suggested amendments that emerged from feedback. These have been included in the final version of the plan.

18.     The plan content has now been approved by the Albert-Eden and Puketāpapa Local Boards, and if endorsed by the Planning Committee, the preparation of the publication version will start. The final plan is likely to be completed and published later this calendar year.

Tauākī whakaaweawe āhuarangi

Climate impact statement

19.     The area plan addresses the impact of climate change through the climate change responsiveness outcome – A low carbon community that is resilient to climate change and natural hazards. Actions to achieve this outcome include supporting initiatives in Te Tāruke-ā-Tāwhiri: Auckland's Climate Plan 2020, and the Low Carbon Community Action Plans of the Albert-Eden and Puketāpapa Local Boards.

20.     The transport outcome of the area plan focusses on providing a range of transport options for people in, to and through the plan area and a strong focus on active modes (including bus, walking and cycling). The plan highlights the need to identify and implement improvements to bus, walking and cycling to support the large-scale housing redevelopments and redevelopment of centres within the plan area.

21.     The natural environment and open space outcomes of the plan seek to improve green spaces in the plan area, including increased tree coverage. The plan also highlights the need for more shade and trees in parks, to ensure that people are able to continue to enjoy these spaces in times of rain events.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

22.     The area plan has been developed in consultation with specialists from teams across council including Community and Social Policy, Urban Design, Heritage, Māori Heritage, Parks Sport and Recreation, Community Facilities, Infrastructure and Environmental Services, Development Project Office and Healthy Waters. Staff from these teams have provided information about the current context for the plan area, as well as local issues, priorities and opportunities relating to their specialist subject area.

23.     Staff from Auckland Transport, Eke Panuku Development Auckland, Tātaki Auckland Unlimited, Waka Kotahi New Zealand Transport Agency, Auckland Light Rail and Watercare Services have been involved in the development of the plan. The area plan includes a map of the Auckland Light Rail Corridor under investigation by the Auckland Light Rail Group, and notes that this project will provide future opportunities to plan for intensification and growth along its route, and around any future stations or stops. The map shown in the attached plan was current as at April 2022.   


 

 

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

Local impacts and local board views

24.     Albert-Eden and Puketapapa Local Board members and mana whenua representatives served on the working group. The working group has provided guidance on the development of the draft area plan, considered the implications of the feedback received on the draft plan, and provided feedback and ideas to develop the content for the final plan.

25.     Local stakeholders and the community have provided inputs into the plan through attending engagement events, providing comments on social pinpoint an online engagement platform, completing feedback forms, and having discussions with the project team. The project team met in person or online with the Albert-Eden Youth Board, Puketāpapa Youth Foundation, Roskill Chinese Group, Puketāpapa Business Voice, Puketāpapa Local Board Community Forum, and Sandringham Project in Community Empowerment. Public engagement events were held at the Mt Albert and Mt Roskill Libraries, Cameron Pools, Wesley Market, Wesley Community Centre, and Sandringham Spring Festival.

26.     A number of agencies and groups provided feedback on the draft plan including:

·    Auckland Transport

·    Tātaki Auckland Unlimited

·    Healthy Puketāpapa

·    Kāinga Ora

·    Ministry of Education

·    Tūpuna Maunga Authority

·    Waka Kotahi New Zealand Transport Agency.

27.     The area plan has been reported to the Albert-Eden and Puketāpapa Local Boards and approved at their business meetings held on the 19 and 21 July 2022 respectively.

Tauākī whakaaweawe Māori

Māori impact statement

28.     In December 2019, the project team contacted representatives from fifteen mana whenua groups known to have an interest in the plan area to ascertain their interest in being involved in developing the area plan. Individual hui were held with representatives from Ngāti Whātua Ōrākei, Ngāti Te Ata Waiohua, Ngaati Whanaunga, Te Ākitai Waiohua, Te Ahiwaru, and Te Kawerau ā Maki.

29.     In addition, Ngāti Tamaoho, Ngāi Tai ki Tāmaki, Ngāti Maru, Te Patukirikiri and Te Rūnanga o Ngāti Whātua advised that they wished to be engaged on a collective basis in relation to developing the area plan.

30.     Cultural value assessments were provided by Ngāti Tamaoho, Ngāti Te Ata Waiohua, Ngāti Whātua Ōrākei, Te Ākitai Waiohua, Ngaati Whanaunga and Te Kawerau ā Maki to describe their histories, whakapapa, and areas of interest.

31.     Development of the area plan has benefited from the expertise of mana whenua representatives, who served on the working group.

32.     The project team held a number of collective hui with mana whenua representatives to identify actions in the draft plan to support their aspirations including recognition of the status of mana whenua and their kaitiaki role, effective engagement and collaboration, recognising and protecting natural and cultural landscapes, greater planting of native trees and plants, for restoring the life force/mauri of the waterways, improving the water quality reaching Te Auaunga (Oakley Creek) and its receiving environments, greater use of active transport modes (walking, cycling and public transport), and sustainable development.

 

 

33.     Mana whenua representatives were also interested in raising the awareness of the communities of Albert-Eden and Puketāpapa to the importance of the historical cultural landscape. The cultural landscape is conveyed through maps and explanations by Mana Whenua including five tikanga themed maps, which form part of the plan. 

34.     The project team contacted two mataawaka groups, Te Kura Kaupapa Māori o Ngā Maungarongo and the Te Roopu Kaumatua-Kuia O Owairaka Ki Tamaki Makaurau Trust to seek their feedback on the draft plan. No comments were received from these groups.

35.     The project team also canvassed and incorporated the views of the Tūpuna Maunga Authority.

Ngā ritenga ā-pūtea

Financial implications

36.     The project team comprising council staff undertook all the work on the area plan, together with input from other council departments and the CCOs. The area plan budget for engagement in 2020/21 and the second round of engagement between February and March 2022 was allocated from the Plans and Places budget.

37.     The publication and/or printing of the plan will be completed by the end of the 2022/23 financial year and will be funded from the Plans and Places budget.

38.     Funding will be required to achieve the outcomes identified in the plan. The annual local board funding agreement with the Governing Body is a key opportunity for the Local Boards to seek this funding through their local board plans and annual plan process.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

39.     There are no risks associated with finalising and publishing the plan.

Ngā koringa ā-muri

Next steps

40.     After the area plan is endorsed by the Planning Committee, the project team will continue with the preparation of the final form of the adopted document.

41.     During this time, the project team will work with delegated members from the local boards to confirm any minor editorial changes, additional images, and the appearance of the plans.

42.     The plan will be available online and in hardcopy. The project team will consult with the local boards to confirm the number of hard copies.

43.     A separate implementation plan for project delivery on key actions in the area plan will be developed.


 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Area Plan for parts of Puketāpapa and Albert-Eden Local Boards

21

      

Ngā kaihaina

Signatories

Author

David Wong - Senior Policy Planner

Authorisers

John Duguid - General Manager - Plans and Places

Megan Tyler - Chief of Strategy

 

 


Planning Committee

01 September 2022

 

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Planning Committee

01 September 2022

 

Endorsement of Māngere-Ōtāhuhu Area Plan Update 2022 and Ōtara-Papatoetoe Area Plan Middlemore Addendum 2022

File No.: CP2022/11635

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To endorse the Māngere-Ōtāhuhu Area Plan Update 2022 and the Ōtara-Papatoetoe Area Plan Middlemore Addendum 2022.

Whakarāpopototanga matua

Executive summary

2.       The Māngere-Ōtāhuhu Area Plan Update 2022 is a stand-alone update document to the existing Māngere-Ōtāhuhu Area Plan 2013.  It provides updates for only part of the geographical area covered by the existing Māngere-Ōtāhuhu Area Plan 2013, namely where major housing redevelopment is planned as part of the Auckland Housing Programme.  The existing Māngere-Ōtāhuhu Area Plan 2013 continues to apply to those parts of the Māngere-Ōtāhuhu Local Board area which are not covered by this update.

3.       The Ōtara-Papatoetoe Area Plan Middlemore Addendum 2022 is an addendum to the existing Ōtara-Papatoetoe Area Plan 2014.  It provides an update for part of the Middlemore area covered by the existing Ōtara-Papatoetoe Area Plan 2014.  The update adds a key move for the Middlemore area to the existing Ōtara-Papatoetoe Area Plan 2014.  The existing Ōtara-Papatoetoe Area Plan 2014 continues to apply to the Ōtara-Papatoetoe Local Board area.

4.       The outcomes, actions and projects identified in the Māngere-Ōtāhuhu Area Plan Update 2022 and the Ōtara-Papatoetoe Area Plan Middlemore Addendum 2022 will support and guide future decision making over the next 30 years.  This includes helping to prioritise investment in physical and social infrastructure, while building on the area’s cultural and historical values and landscapes

5.       There have been two phases of public engagement.  The first invited ideas for the draft plan during October and November 2020, and the second sought feedback on the draft plan during February and early March 2022.

6.       The content of the Māngere-Ōtāhuhu Area Plan Update 2022 was approved by the Māngere-Ōtāhuhu Local Board on 17 August 2022.  The content of the Ōtara-Papatoetoe Area Plan Middlemore Addendum 2022 was approved by the Ōtara-Papatoetoe Local Board on 16 August 2022.  Once endorsed by the Planning Committee, the final documents will be produced and published.

 

Ngā tūtohunga

Recommendation/s

That the Planning Committee:

a)      endorse the Māngere-Ōtāhuhu Area Plan Update 2022 as shown in Attachment A of the agenda report

b)      endorse the Ōtara-Papatoetoe Area Plan Middlemore Addendum 2022 as shown in Attachment B of the agenda report.

 

Horopaki

Context

7.       Parts of the Māngere-Ōtāhuhu and Ōtara-Papatoetoe local board areas are expected to see more residential intensification, growth and development than was expected when the existing Māngere-Ōtāhuhu Area Plan (2013) and the Ōtara-Papatoetoe Area Plan (2014) were developed.

8.       Key factors contributing to the growth and development include:

·    The Auckland Housing Programme.

·    A neighbourhood development programme for the Māngere area being undertaken by Kāinga Ora (formerly Homes Land and Community, Housing New Zealand and KiwiBuild).

·    Increased residential growth opportunities enabled by the Auckland Unitary Plan (operative in part).

9.       Other changes include:

·    Auckland Plan update 2018 identifies parts of review area as development areas (Māngere and Māngere East).

·    Rapid Transit Investigation

·    Climate change emergency declaration by Auckland Council in 2019

·    Existing area plan actions and projects which have already been started/completed

·    More recent local board plans

·    COVID-19 epidemic effects since 2020

·    National Policy Statement on Urban Development

10.     The Auckland Housing Programme: is a Crown led initiative to deliver small, medium and large-scale housing developments in Auckland over the next 15 to 20 years.  Within their “Māngere Development Area” (parts of the Māngere-Ōtāhuhu and Ōtara-Papatoetoe local board areas) Kāinga Ora propose to replace approximately 2 500 state homes with up to 10 000 new homes, over the next 10 to 15 years. The new homes will include new state homes, affordable homes, and market homes.

11.     In response to the Auckland Housing Programme, on 6 August 2019 the Planning Committee resolved to approve the review, and if needed update the Māngere-Ōtāhuhu Area Plan for the Māngere redevelopment area, which is part of the Māngere-Ōtāhuhu Local Board area. Following that resolution, an initial workshop was held with the Māngere-Ōtāhuhu Local Board on 14 August 2019 (which an Ōtara-Papatoetoe Local Board member attended), at which it was agreed that the study area should include some areas within the Ōtara-Papatoetoe Local Board, and that a joint working group should be established.

12.     To respond to the proposed growth and changes, parts of both the Māngere-Ōtāhuhu and Ōtara-Papatoetoe area plans have been reviewed and updated to focus on what the existing and new communities in the “review area” will need over the next 30 years.  The 1,509 hectare review area is largely based on Kāinga Ora’s “Māngere Development Area”.  This area is expected to see significant change and growth over the next 10 to 15 years.

13.     Most of the review area falls in the Māngere-Ōtāhuhu Local Board area, and the extent of the review area is shown on the map below.

14.     A separate update to the Ōtara-Papatoetoe Area Plan has been undertaken for the smaller extent of the review area which is the area north of Portage Road and in the vicinity of Middlemore.  This area is shown on the map below.

Map: Māngere-Ōtāhuhu and Ōtara-Papatoetoe Area Plan Review Area 2022 -local board update areas

Map

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15.     A joint local board area plan working group was set up in February 2020 by the Māngere-Ōtāhuhu and Ōtara-Papatoetoe Local Boards.  Working group meetings have generally been held monthly.  All Māngere-Ōtāhuhu Local Board members, and three members of the Ōtara-Papatoetoe Local Board are on the working group  Its purpose is “to guide the review of parts of the Māngere-Ōtāhuhu Area Plan and parts of the Ōtara-Papatoetoe Area Plan in response to the development of a Spatial Development Strategy for the Māngere area by Kāinga Ora, and if needed, updates of the Area Plans for part of the Māngere-Ōtāhuhu and part of the Ōtara-Papatoetoe local board areas”.  Kāinga Ora have been invited to meetings since 2020.  Mana whenua were invited to be part of the working group in early 2021.

16.     Development of the Māngere-Ōtāhuhu Area Plan Update 2022 and the Ōtara-Papatoetoe Area Plan Middlemore Addendum 2022 has been informed by internal specialist inputs and feedback as well as from the working group, and through engagement with the community, mana whenua, and key stakeholders.  Public engagement was held from September to November in 2020, and in February and March 2022.  Specialists within council and the council-controlled organisations (CCOs) have provided information about the existing environment and priority issues and opportunities for the area.

17.     Utilising these inputs and feedback from engagement, the Plans and Places project team has developed the attached versions of the Māngere-Ōtāhuhu Area Plan Update 2022 (Attachment A) and the Ōtara-Papatoetoe Area Plan Middlemore Addendum 2022 (Attachment B) for Planning Committee endorsement.

 

18.     Instead of repeating the structure of the existing Māngere-Ōtāhuhu Area Plan 2013, the Māngere-Ōtāhuhu Area Plan Update 2022 is structured to respond to the different issues, opportunities and key themes identified in the update process.

19.     The vision of the Māngere-Ōtāhuhu Area Plan Update 2022 is:

to respond to residential intensification, growth and development to make Māngere a better community for all, with a focus on:

·    climate change / resilience / sustainability

·    children and young people

·    connected communities and Pasifika

·    Māori identity and wellbeing.

 

20.     Beneath these key themes are area-wide outcomes and actions, which represent aspirations for the area.  They are divided into five topics.

21.     Within each of these topics, a number of proposed outcomes, actions and potential projects have been identified. There are many overlaps between topics.  Area-wide aspirations are shown on two maps of the update area.

22.     Five geographical focus areas have been identified as priority locations where investment in mainly physical and environmental improvements can achieve transformational change in the next 30 years.

 

23.     Within each of these focus areas, a number of opportunities/strengths and constraints/weaknesses have been identified, along with proposed actions and potential projects.  Aspirations are shown on maps for each focus area.

24.     The focus area named “Tararata” Creek is also known as “Te Ararata” and the Māngere-Ōtāhuhu Local Board recognise the use of this alternative mana whenua name.

25.     The Middlemore Focus Area adjoins part of the wider review area which is in the Ōtara-Papatoetoe Local Board area.

26.     The Ōtara-Papatoetoe Area Plan Middlemore Addendum 2022 adds a new Key Move for Middlemore to the existing Key Moves in the Ōtara-Papatoetoe Area Plan 2014. While this new key move will relate to Middlemore, the existing provisions of the Ōtara-Papatoetoe Area Plan 2014 continue to apply to the entire Ōtara-Papatoetoe Local Board area.

 

KEY MOVE 10:  MIDDLEMORE     

Middlemore is planned as a resilient transit orientated development meeting the needs of its community. In partnership with mana whenua as kaitiaki, the natural environment of the Middlemore area is enhanced and restored including the upper reaches of the Tāmaki Estuary and the Ōtaki Creek.

 

27.     Both the Māngere-Ōtāhuhu Area Plan Update 2022 and the Ōtara-Papatoetoe Area Plan Middlemore Addendum 2022 outline a number of actions.  Some of the actions and projects are already funded, and some may not require funding.  Many however are currently unfunded or aspirational, requiring further investigation or waiting to be prioritised through local board plans in order to be implemented.  As these are 30 year plans, some projects will only be realised in the longer term

28.     The design of the Māngere-Ōtāhuhu Area Plan Update 2022 and the Ōtara-Papatoetoe Area Plan Middlemore Addendum 2022 will be finalised after they are endorsed by the Planning Committee.  They will be available online, with a limited number of hard copies printed.

Tātaritanga me ngā tohutohu

Analysis and advice guidance

29.     Discussions with the working group, inclusive of mana whenua representatives, specialists at Council and CCOs, together with responses from stakeholders and engagement with the community, show support for the plan updates.

30.     Outcomes, actions, focus areas, and additional ideas and suggested amendments that emerged from feedback have been included in the Māngere-Ōtāhuhu Area Plan Update 2022 and the Ōtara-Papatoetoe Area Plan Middlemore Addendum 2022.

31.     The content of the Māngere-Ōtāhuhu Area Plan Update 2022 was approved by the Māngere-Ōtāhuhu Local Board on 17 August 2022.  The content of the Ōtara-Papatoetoe Area Plan Middlemore Addendum 2022 was approved by the Ōtara-Papatoetoe Local Board on 16 August 2022.  Once endorsed by the Planning Committee, the final plans are likely to be completed and published later this calendar year.

Tauākī whakaaweawe āhuarangi

Climate impact statement

32.     The climate change emergency declaration by Auckland Council in 2019 was followed by Te Tāruke ā Tāwhiri: Auckland’s Climate Action Plan (2020), which sets out Auckland’s climate goals:

·    To adapt to the impacts of climate change by planning for the changes we will face (climate adaption)

·    To reduce greenhouse gas emissions by 50 per cent by 2030 and achieve net zero emissions by 2050 (climate mitigation)

33.     The Climate Action Plan emphasises the need to shift from a human-centred approach to an ecological-centred approach.  It presents an overarching approach to climate change driven by the uniqueness of Tāmaki Makaurau.

 

34.     Climate Change/Resilience /Sustainability is one of the four main themes of the Māngere-Ōtāhuhu Area Plan Update 2022.  Area wide outcomes which relate to this theme are identified in the document.  The focus areas in the Māngere-Ōtāhuhu Area Plan Update 2022 and the new Middlemore Key Move in the Ōtara-Papatoetoe Area Plan Middlemore Addendum 2022 also address climate change issues. 

35.     The updates:

·    depict natural hazard areas, i.e. floodplains, overland flow paths, and coastal areas susceptible to sea level rise and coastal inundation.

·    include actions to increase Māngere-Ōtāhuhu’s and Ōtara-Papatoetoe’s tree canopy cover, which are the lowest in urban Auckland.

·    address the effects of climate change on open spaces and recreation facilities.

·    address the design and delivery of the Māngere-Ōtāhuhu update area’s transport and network infrastructure and services in a way that is resilient to the impacts of climate change.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

36.     The area plan updates have been developed in consultation with specialists from teams across council, including Community and Social Policy, Urban Design, Heritage, Māori Heritage, Parks Sport and Recreation, Community Facilities, Infrastructure and Environmental Services, Development Project Office, and Healthy Waters. Staff from these teams have provided information about the current context for the update areas, as well as local issues, priorities and opportunities relating to their specialist subject area.

37.     Staff from Auckland Transport, Eke Panuku Development Auckland, Tātaki Auckland Unlimited, Waka Kotahi New Zealand Transport Agency, Auckland Light Rail, and Watercare Services have also been involved in the development of the plans.  The area plan updates include a map of the Auckland Light Rail Corridor under investigation by the Auckland Light Rail Group, and note that this project will provide future opportunities to plan for intensification and growth along its route, and around any future stations or stops. The map shown in the attached plan was current as at April 2022.

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

Local impacts and local board views

38.     The Māngere-Ōtāhuhu Local Board and the Ōtara-Papatoetoe Local Board have provided input into the area plan updates through the attendance of members at monthly working group meetings and through local board workshops.  The working group meetings have provided guidance on the development of the plan, discussion of project updates, public feedback and the emerging content of the plan.  The plans incorporate feedback and suggestions made by local board members at working group meetings.

39.     Local stakeholders and the community have provided inputs into the plans through attending engagement events, providing comments on “Social Pinpoint” (an online engagement platform), completing feedback forms, and having discussions with the project team.  The project team met in person or online with Māngere East Family Services, Māngere Town Centre Business Association, Manukau Urban Māori Authority, Nga Manga, Strive South Auckland Youth Network, Tararata Stream Team, and students from Māngere and Aorere Colleges.


 

 

 

40.     A number of other agencies and groups provided feedback on the draft plans including

·        Auckland Regional Public Health Service

·        Counties Manukau District Health Board (now Health NZ / Hauora Aotearoa)

·        Department of Corrections

·        Fire and Emergency NZ

·        Kāinga Ora

·        Kiwirail

·        Ministry of Education

·        New Zealand Police

·        Northern Regional Alliance (health sector)

·        The Southern Initiative (now Community and Social Innovation)

·        Waka Kotahi New Zealand Transport Agency

Tauākī whakaaweawe Māori

Māori impact statement

41.     Mana whenua feedback has been provided at hui, and as working members of the local board working group.  Cultural values assessments (CVAs) have been provided by Te Ākitai Waiohua, Ngāti Te Ata Waiohua, Ngaati Whanaunga, and Ngāti Tamaoho to describe their histories, whakapapa, and areas of interest.

42.     Hui were held with the following mana whenua groups who wished to be engaged in these updates:

·    Te Ākitai Waiohua

·    Te Ahiwaru Waiohua

·    Ngāti Te Ata Waiohua

·    Ngaati Whanaunga

·    Ngāti Tamaoho

·    Ngāi Tai ki Tāmaki

·    Te Rūnanga o Ngāti Whātua

43.     Over recent months, the Māori Heritage Team has been attending individual hui with mana whenua representatives acting on behalf of their respective iwi, to progress the development of cultural landscape mapping and text for inclusion in, and as an appendix to, the final area plan update documents.  Mana whenua representatives have provided feedback on this material which has been included in the updated area plan documents.

44.     Within the body of the update texts, the cultural significance of the landscape in which the area plans sit is described, emphasising key named features, and illustrating historic use and occupation of the area.


 

 

45.     A related series of tikanga-themed maps and accompanying texts is included as an appendix to each area plan update. Information in the appendix is intended to show the way mana whenua view their world, each map expressing issues and aspirations relating to a particular tikanga, and responses deemed necessary for addressing these, and for maintaining balance.  The tikanga themes are:

·    Te Tiriti o Waitangi

·    Hei Oranga – Manaakitanga

·    Mauri

·    Wai Māori

·    Tapu

46.     Mana whenua have expressed support for the final area plan update documents.

47.     The project team contacted mataawaka groups during engagement undertaken in 2020 and 2022.  Some feedback was received from the Manukau Urban Māori Authority in 2020.

48.     The project team also canvassed and incorporated the views of the Tūpuna Maunga authority.

Ngā ritenga ā-pūtea

Financial implications

49.     The project team comprising council staff undertook all the work on the two area plan updates, together with input from other council departments and the CCOs.  The review of the Māngere-Ōtāhuhu and Ōtara-Papatoetoe area plans and budget for engagement in 2020/21 and the second round of engagement which occurred between February and March 2022 was allocated from the Plans and Places budget.

50.     The publication and/or printing of the two area plan updates will be completed during the 2022/2023 financial year and will be funded from the Plans and Places budget.

51.     Funding will be required to achieve the outcomes identified in the plans. The annual local board funding agreement with the Governing Body is a key opportunity for the Local Boards to seek this funding through their local board plans and annual plan process.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

52.     There are no risks associated with finalising and publishing the plans.

Ngā koringa ā-muri

Next steps

53.     After the Māngere-Ōtāhuhu Area Plan Update 2022 and the Ōtara-Papatoetoe Middlemore Addendum 2022 are endorsed by the Planning Committee, the project team will continue with the preparation of the final form of the documents.

54.     During this time, the project team will work with delegated members from the local boards to confirm any minor editorial changes, additional images, and the appearance of the plans.

55.     The plans will be available online and in hardcopy. The project team will consult with local board staff to confirm the number of hard copies.

56.     A separate implementation plan for project delivery on key actions in each of the Māngere-Ōtāhuhu Area Plan Update 2022 and the Ōtara-Papatoetoe Area Plan Middlemore Addendum 2022 will be developed.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Māngere-Ōtāhuhu Area Plan Update

129

b

Ōtara-Papatoetoe Area Plan – Middlemore Addendum September 2022

261

     

Ngā kaihaina

Signatories

Author

Joy LaNauze - Senior Policy Planner

Authorisers

John Duguid - General Manager - Plans and Places

Megan Tyler - Chief of Strategy

 

 


Planning Committee

01 September 2022

 

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01 September 2022

 

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Planning Committee

01 September 2022

 

Auckland Unitary Plan (Operative in Part) - Private Plan Change Request from Taste Business Investment Trust Limited to rezone land at 41 - 43 Brigham Creek Road, Whenuapai

File No.: CP2022/10482

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To consider a private plan change application from Taste Business Investment Trust Limited under clause 25 of Schedule 1 of the Resource Management Act 1991 (RMA) to rezone approximately 5.19 hectares of land in the Whenuapai area from Future Urban Zone to Residential – Mixed Housing Urban (MHU) Zone in the Auckland Unitary Plan Operative in Part (AUP).

Whakarāpopototanga matua

Executive summary

2.       This report considers a private plan change application received on 01 December 2021 from Taste Business Investment Trust Limited to rezone approximately 5.19 hectares of land at 41 – 43 Brigham Creek Road, Whenuapai (refer Attachment A). The application seeks to apply MHU Zone to this land. The application also seeks to extend the Stormwater Management Area Flow 1 overlay over the plan change area.

3.       The Planning Committee is required to make a decision at this time about whether to accept, adopt or reject the private plan change request in whole or in part, or to treat it as a resource consent application. Consideration of the detailed merits of the application is not relevant at this stage in the process.

4.       The zoning sought in the private plan change request is largely consistent with the council’s 2016 Whenuapai Structure Plan (WSP). An area suitable for residential activities was proposed in the southern portion of the structure plan and it is within this area that the applicant’s land is situated. This area has been identified in the WSP as being within Stage 2 of development (2028-2032) as significant investment in new infrastructure is required. The Site’s proposed development timing falls in the area identified for 2028 – 2032 onwards (Decade Two 1st half) of the Future Urban Land Supply Strategy.

5.       The applicant has proposed to provide infrastructure to mitigate the immediate effects of the proposed development but not the effects on the wider network.  If the private plan change application is accepted for processing, this will be a critical matter that will need to be addressed before the private plan change is finally determined.

6.       It is recommended that the private plan change request be accepted for processing under clause 25(2)(b) of Schedule 1 and publicly notified for submissions on the basis that the request does not meet the criteria for rejection under clause 25(4) of Schedule 1 to the RMA and that despite clause 25(4A) of Schedule 1 to the RMA the Council may accept the request and incorporate the medium density residential standards (MDRS) for the new residential zone through the intensification planning instrument (IPI).  Having regard to relevant caselaw, it is more appropriate to accept the request than to adopt it or process it as a resource consent.


 

 

Ngā tūtohunga

Recommendation/s

That the Planning Committee:

a)      exercise its discretion under clause 35(2) of Schedule 12 of the RMA to accept the plan change, as this clause provides that despite clause 25(4A) of Schedule 1, a specified territorial authority may accept or adopt the request and incorporate the Medium Density Residential Standards for the new residential zone through the Intensification Planning Instrument.

b)      accept the private plan change application by Taste Business Investment Trust Limited for 41 – 43 Brigham Creek Road, included as Attachments A and B to the agenda report, pursuant to clause 25(2)(b) of Schedule 1 to the Resource Management Act 1991 for the following reasons:

i)        accepting the private plan change request will enable a range of matters (in particular, infrastructure funding) to be considered on their merits during a statutory process.

ii)       it is inappropriate for council to adopt the private plan change as its own.

iii)      the grounds to reject a private plan change request under clause 25(4) are limited and, having regard to relevant case law:

a)   the request is not frivolous.

b)   the request is not vexatious and the applicant is not acting in bad faith by lodging the private plan change request.

c)   the substance of the request has not been considered within the last two years.

d)   due to the lack of funding available for the infrastructure required to support development in the Whenuapai area (in particular transport infrastructure), a coarse-grain assessment of the request indicates this aspect of the private plan change may not be in accordance with sound resource management practice. However, as more detailed information relating to the cost of the required infrastructure is needed, and there remains a prospect that a funding solution can be found during the processing of the request, it is not recommended that the council rejects the private plan change request on this ground.

e)   a coarse-grain assessment does not indicate that the private plan change will make the Auckland Unitary Plan contrary to Part 5 of the Resource Management Act 1991.

f)    the provisions of the Auckland Unitary Plan subject to the private plan change request have been operative for at least two years.

iv)      it is not appropriate to process the private plan change as if it was a resource consent application as the request seeks to rezone a substantial area of land for development over a period of time rather than undertaking a single development project.

c)      delegate authority to the Manager Planning North West and Islands to undertake the required notification and other statutory processes associated with processing the private plan change request by Taste Business Investment Trust Limited pursuant to Schedule 1 of the Resource Management Act 1991.

 

Horopaki

Context

Site and Surrounding Area

7.       The land subject to the plan change application is located in Whenuapai. Whenuapai currently accommodates residential, business and farming activities, and the Whenuapai Airbase.  The plan change area comprises relatively gently sloping pastureland and is currently used for farming and rural residential purposes. The predominant vegetation cover is pasture.

8.       The plan change area is approximately 5.19 hectares and it is located on the south-western side of the Whenuapai area.  It is located within the Rural Urban Boundary and is zoned Future Urban.  The site contains a number of overland flow paths traversing the site and a small section of flood plain on the north-western portion of the site. The site is affected by the following AUP provisions:

Overlays

(a)     Natural Resources: High-Use Aquifer Management Areas Overlay [rp] - Kumeu Waitemata Aquifer

(b)     Infrastructure: Aircraft Noise Overlay - Whenuapai Airbase - noise control area (55dBA)

Controls

(c)     Macroinvertebrate Community Index – Rural

 

Designations

 

(d)     Airspace Restriction Designations - ID 4311, Defence purposes - protection of approach and departure paths (Whenuapai Air Base), Minister of Defence (entire site).

Plan Change Application

9.       The private plan change application was lodged by Taste Business Investment Trust Limited on 01 December 2021 and seeks to rezone the land from the Future Urban zone to MHU Zone and to extend Stormwater Management Area Flow 1.

10.     The applicant has provided an assessment of effects and a section 32 evaluation report (see Attachments B and C) and supporting technical reports.

Current Planning Environment

Auckland Plan

11.     The Auckland Plan 2050 is the council’s spatial plan, required under the Local Government (Auckland Council) Act 2009. The Auckland Plan 2050 contains a 30-year high level development strategy for the region based on a quality compact approach to accommodating growth. This approach anticipates most growth through intensification within existing urban areas, with managed expansion into the region’s future urban areas and limited growth in rural areas. The Development Strategy was also adopted as council’s Future Development Strategy required under the National Policy Statement on Urban Development Capacity 2016 (NPS UDC). The NPS UDC has now been superseded by the National Policy Statement on Urban Development 2020 (NPS-UD). Under the NPS-UD, council has to review its Future Development Strategy in time to inform the 2024 Long-term Plan.


 

 

12.     The Development Strategy identifies Whenuapai as a future urban area and part of the Westgate node (refer Attachment D). The node provides a centre for urban development in the north west with anticipated residential development and intensification together with large business areas. The Development Strategy identifies indicative locations for the provision of residential land which include the plan change area.

13.     As part of the Auckland Plan 2050, future urban areas that have significant infrastructure or environmental constraints are sequenced for urbanisation later in the 30-year timeframe. In the Development Strategy and the council’s Future Urban Land Supply Strategy 2017 (FULSS), urbanisation of Whenuapai is split into two stages. Stage 1 is anticipated to be development ready from 2018-2022 and Stage 2 from 2028-2032. This aligns with the WSP. The proposed plan change area is identified as being a Future Residential Area within Stage 2 of the WSP due to the need for substantial investment in significant bulk infrastructure projects in the area prior to development.

Auckland Unitary Plan

14.     The AUP is the combined RMA planning document for Auckland. It contains objectives and policies that refer to the importance of integrating land use planning with infrastructure planning and delivery, reflecting the council’s integrated management function under s31 of the RMA. To this end, the AUP promotes the completion of structure plans as a precursor to plan changes to rezone land within the Future Urban zone. Auckland Council prepared a structure plan for Whenuapai in 2016. 

15.     Relevant Regional Policy Statement objectives include:

B.2.2.1(1)(c) A quality compact urban form that enables all of the following:

                     … better use of existing infrastructure and efficient provision of new infrastructure;

B2.2.1(5) The development of land within the Rural Urban Boundary, towns, and rural and coastal towns and villages is integrated with the provision of appropriate infrastructure.

16.     Relevant Regional Policy Statement (RPS) Policies include  B2.2.2. Development capacity and supply of land for urban development (Policies (1)-(3), and Quality compact urban form (Policies (4) - (7)).  Policy B2.2.2 in Chapter B2 Urban Growth and Form of the Regional Policy Statement (AUP) sets out the following policy:

“(7)    Enable rezoning of land within the Rural Urban Boundary or other land zoned future urban to accommodate urban growth in ways that do all of the following:

(a) support a quality compact urban form;

(b) provide for a range of housing types and employment choices for the area;

(c) integrate with the provision of infrastructure; and

(d) follow the structure plan guidelines as set out in Appendix 1.”

At a coarse-level assessment, the private plan change is 'is consistent with the majority of the objectives and policies except for the integration with the provision of infrastructure.   

Future Urban Land Supply Strategy 2017

17.     The sequencing and timing of development for the future urban areas have been incorporated into the Auckland Plan 2050. The FULSS relates to greenfield land only and seeks to ensure that there is 30 years of development capacity at all times and a seven year average of unconstrained and ready to go land supply. It allows the council to consider the balance between the development of brownfield and greenfield land and ensure that the majority of Auckland’s growth is located within the existing urban area.

 

 

18.     The land subject to the plan change application is within an area identified as being “development ready” between 2028 and 2032. In terms of the steps required for development, it is noted that the land already has Future Urban zoning under the Auckland Unitary Plan and a structure plan has been completed. However, most bulk infrastructure is not planned for, nor is it funded and financed at this time.

 

Whenuapai Structure Plan 2016

19.     The WSP applies to approximately 1500 hectares of land and covers the following five key elements to enable the sustainable development of the structure plan area: land use and activities, transport, infrastructure, natural environment and heritage, and open space and recreation.

20.     The WSP anticipates that the Whenuapai area will provide somewhere between 8,100 to 10,700 dwellings (depending on the density of development), 8,600 jobs and over 300 hectares of new business land over the next 10 to 20 years.  The zoning proposed in the application is largely consistent with the land use pattern set out in the WSP.

21.     The WSP also sets out the need for staging development between stage 1 and stage 2. The plan change application area is identified as being within stage 2 due to the need for significant bulk infrastructure projects in the area to be completed before development can occur. The infrastructure requirements lie both inside and outside of WSP area, as wastewater and transport infrastructure provision are particularly reliant on infrastructure located in the wider area.

22.     Proposed Plan Change 5 – Whenuapai to the AUP was the first council-initiated plan change that sought to implement the WSP.  Funding of the transport infrastructure to support Plan Change 5 was unavailable and the Planning Committee resolved on 02 June 2022 to withdraw the plan change for the following reasons:

a)      there is no funding budgeted in the lifetime of the Auckland Unitary Plan (ten years) for the upgrading of the wider transport networks to address the anticipated adverse effects from increased traffic generated by the development of land in Proposed Plan Change 5

b)      progressing Proposed Plan Change 5 (and any variation) through to a decision by independent hearing commissioners will not provide sound resource management outcomes in terms of managing adverse effects on the wider transport network

c)      progressing Plan Change 5 will not result in the rezoning of land within the Rural Urban Boundary that is integrated with the provision of infrastructure

d)      progressing Plan Change 5 creates a risk of the council having to provide infrastructure that is currently unfunded, or having to divert funding from other locations for which funding is required and exists.

Resolution number PLA/2022/59

23.     The decision of the committee in June 2022 was made in the situation where council, as the initiator of the plan change, was in control of the statutory process that proposed plan change 5 followed.  This private plan change application presents similar infrastructure funding issues that the committee considered in June.  As well as scale (5 hectares of land), the difference here is that this is a private plan change application, and so the statutory requirements that have to be met to proceed to notification are different to those for council initiated plan changes. 

Infrastructure

Water Supply

24.     Watercare has advised that the network servicing the Whenuapai area has good capacity to service the forecast growth in the short term but will require upgrading to meet the long-term growth forecast. A second North Harbour watermain (planned for completion in 2028) will provide the capacity to meet the forecasted growth in the Whenuapai area.

25.     Currently the plan change area can be serviced by the existing bulk supply points at Fred Taylor Drive and in Hobsonville Point. The local network watermain has capacity but will need to be extended to the plan change site. With the development also fronting Mamari Road, future watermains will need to be installed along the frontage for future network extensions.  The private plan change application will not affect the ability for bulk water supply infrastructure to be provided in the future.

Wastewater

26.     The private plan change land is not currently serviced for wastewater. Watercare has advised that there is currently no way to service the plan change site with wastewater.  Infrastructure will not be ready until the completion of a future Brigham Creek pumping station, currently scheduled for completion in 2024.

27.     A public pumping station will need to be constructed to convey the combined flows from the entire catchment to the future Brigham Creek pumping station. From initial investigations this is likely to include all of 41-43 Brigham Creek Road, all of 45 Brigham Creek Road and approximately 1.6ha of the north-western corner of 131-137 Brigham Creek Road.

Transport

28.     The Auckland Regional Transport Plan 2021-31 identifies various transport infrastructure improvements for the Whenuapai area and wider North-west growth area. While some of these have funding allocated to them at this stage, most do not. The applicant does not propose to rely on any of these planned infrastructure improvements to enable the plan change.

29.     The Integrated Transport Assessment (ITA) prepared by the applicant has identified some transport infrastructure upgrades to address the direct effects of the plan change and enable development of the plan change area. The ITA does not address the infrastructure and financial impacts of the cumulative effects of development on the wider transport network or in combination with the effects of development of other plan changes areas in the vicinity of the site. The ITA provides the following conclusion:

The infrastructure upgrades identified in this ITA on Brigham Creek Road and Mamari Road are considered critical to ensure the transport demands of the proposal can be met. These are set out as follows:

o   Developers will be required to vest additional land to create new intersections on Brigham Creek Road and Mamari Road and provide the necessary turning lanes and supporting infrastructure to connect to the site;

o   Extension of Mamari Road as a local road to connect with the site frontage; and

o   Upgrade of the Brigham Creek Road and Mamari Road frontages to include walking facilities across the site frontage and connect to the existing public footpath network.

30.     The Applicant has indicated that some local infrastructure will be provided, but has not specifically identified which of the above they will provide or whether they will provide a proportionate share of the cost of these.  Based on the applicant’s ITA, the council’s transport experts consider there is sufficient detail to proceed to notification.

 

 

Stormwater

31.     The applicant proposes to be included as part of Auckland Council’s Regionwide Stormwater Network Discharge Consent (DIS60069613) and seeks to extend the Stormwater Management Area: Flow 1 controls over the site.

32.     The applicant is working with Auckland Council’s Healthy Waters Department to finalise its Stormwater Management Plan and will seek approval in principle from Healthy Waters. The decision by Healthy Waters to formally approve and adopt the submitted Stormwater Management Plan under the Network Discharge Consent will occur after a decision has been made on the private plan change request.

Tātaritanga me ngā tohutohu

Analysis and advice

The Funding Context

Regional Land Transport Plan (RLTP)

33.     The majority of Future Urban Zone funding in the RLTP is proposed for south Auckland, however in north west Auckland the draft RLTP currently allocates $142M funded and $60M unfunded work for the north west greenfields areas. The $142M relates to arterial roads in the Redhills area with the $60M of unfunded work being allocated to the Trig Road south project.

34.     The RLTP does not provide funding for out of sequence private plan change applications. Other projects in the Whenuapai area (estimated at approximately $600M) which are not included in the draft RLTP as a result of the Auckland Transport Alignment Project (ATAP) prioritisation process, but are identified as requiring funding from 2031 onwards include:

·        Brigham Creek Road

·        Mamari Road

·        Spedding Road

·        Northside Drive.

35.     There are numerous unfunded projects in the Whenuapai area that this development (and others) will be required to contribute towards financially, in order to mitigate the cumulative effects of development in the Future Urban Zone. Without this financial contribution, the Council will face challenges in achieving an integrated land use and transport system or will need to reallocate budget currently allocated to other parts of the region.

Supporting Growth Alliance

36.     The SGA is a collaboration between Auckland Transport and Waka Kotahi (NZ Transport Agency) in partnership with Auckland Council to plan transport investment in Auckland’s Future Urban zones over the next 10-30 years. SGA is currently preparing approximately 15 Notice of Requirement for roading projects the north west, however at this stage these are only for route protection, not construction. 

37.     This work has increased accuracy of identified costs for the transport upgrades in the North-West.  There is no mechanism currently available for Council to collect contributions so that out of sequence developments pay their fair share towards these growth costs. None of the estimated $1.1B worth of arterial upgrades (Indicative Business Case values) identified by SGA in Whenuapai are funded.  These would mitigate the cumulative effects of the proposed development, as well as other developments in the wider Whenuapai area in the RLTP 2021-2031. Upgrades within the next ten years would have to be at the expense of existing commitments to support growth in the north west and the wider Auckland Region, and would not align with the ATAP prioritisation.

Other Funding Mechanisms

38.     There currently are no straightforward solutions to finance and fund the full infrastructure for the private plan change request in the next ten years and the longer term. Council staff from several council departments and CCOs are currently investigating a mix of options that could be used. These are set out below.

39.     Work is in its early stages to develop a 30 year development contributions policy that would consider existing and planned growth. This could cover a specific geographic area once the costs of bulk infrastructure, area of benefit and cost-share across household unit equivalents (HUEs) being delivered are known. It would potentially enable private plan changes to define projects, costs and timing which could then be included into the development contributions regime, resulting in a fairer cost allocation and payment towards public good utilities. Some of this work has been partially completed for the Stage 1 development outlined in the Structure Plan. However no work has been carried out in the Stage 2 area in which this private plan change request is located.

40.     An Infrastructure Funding Agreement (IFA) could be used to ensure that an applicant will deliver capital works or contribute funds (‘lump-sum’) ahead of such a development contributions policy being created. However, certainty over what wider upgrades are needed, their timing and/or cost that could form the terms of a IFA with the applicant are not yet known.

41.     The use of triggers to constrain stages of development until infrastructure is constructed is     also being used by agreement with developers.

42.     In summary, a number of funding options are being explored. However, Auckland Council is not yet able to confirm a comprehensive funding and financing solution to address the funding shortfall and to mitigate cumulative effects, should the development enabled by the private plan change proceed at this point in time.

Resource Management Act 1991

43.     Any person may request a change to a district plan, a regional plan or a regional coastal plan.[1] The procedure for private plan change applications is set out in Part 2 of Schedule 1, RMA. The process council follows as a plan-maker is adapted,[2] and procedural steps added[3] including the opportunity to request information.

44.     The applicant is required to include the information set out in clause 22, which states that:

·        a request made under clause 21 shall be made to the appropriate local authority in writing and explain the purpose of, and reasons for, the proposed plan or change to a policy statement or plan and contain an evaluation under Section 32 of the RMA for any objectives, policies, rules, or other methods proposed; and

·        where environmental effects are anticipated, the request shall describe those effects taking into account clauses 6 and 9 of Schedule 4, in such detail as corresponds with the scale and significance of the actual or potential environmental effects anticipated from the implementation of the change, policy, statement or plan.

45.     Additional information has been received from the applicant following a formal request by council for further information. The council staff and consultants who have evaluated the request consider that the applicant has provided sufficient information to enable the request to be considered.


 

 

46.     Under clause 25 (refer Attachment D), after receiving the application and all required information, and modifying the application (where relevant), the local authority is required to make a decision to either:

·        Adopt the application, in whole or in part, as if it were a proposed plan made by the council, which must then be processed in accordance with the provisions of Part 1 of Schedule 1 (clause 25(2)(a)); or

·        Accept the application, in whole or in part, which then triggers a requirement to notify the application, or part of the application, under clause 25 (clause 25(2)(b)); or

·        Decide to deal with the application as if it were an application for a resource consent (clause 25(3)); or

·        Reject the application in whole or in part, in reliance on one of the limited grounds set out in clause 25(4).

47.     The consideration of private plan change applications under clause 25 involves a "threshold test" and a coarse assessment of the merits of the private plan change application.  If the application is accepted or adopted, the full merits assessment will be undertaken when the private plan change is determined.

48.     Case law has established that “where there is doubt as to whether the threshold has been reached, the cautious approach would suggest that the matter go through to the public and participatory process envisaged by a notified plan change” (Malory Corporation Ltd v Rodney District Council [2010] NZRMA 1 (ENC), at para 22, applied in Orakei Point Trustee Limited v Auckland Council [2019] NZEnvC 117).

Options available to the council

49.     The next section of this report assesses the options available to the council under clause 25 of Schedule 1 of the RMA.

50.     As a first step, the Council must consider whether the Private Plan Change request incorporates the MDRS as required by section 77G(1) of the RMA, as clause 25(4A) of Schedule 1 of the RMA provides that the Council must not accept or adopt a request if it does not incorporate the MDRS as required by section 77G(1).

51.     While the Private Plan Change request does not incorporate the MDRS as required by section 77G(1) of the RMA, the Council has a discretion available under clause 35(2) of Schedule 12 of the RMA to accept the plan change and incorporate the medium density residential standards (MDRS) for the new residential zone through the intensification planning instrument (IPI).  It is recommended that the Council exercise its discretion to accept the private plan change request under clause 35(2) of Schedule 12 of the RMA because the request proposes to apply the MHU zone without amendment and the Council proposes to incorporate the MDRS into the MHU through the IPI.

Option 1: Adopt the application, or part of the application, as if it were a proposed plan change made by the council itself

52.     Council can adopt the application, or part of the application. Council would then process it as though it were a council-initiated plan change. If the council adopted the application, or part of the application, it would not be able to significantly modify the plan change (as that would mean that the plan change council advanced was no longer the plan change which it adopted). Adoption of the private plan change would also likely constrain the council’s ability to lodge substantive submissions. The applicant has not requested that council adopt the private plan change application.


 

 

53.     It is therefore recommended that the private plan change application is not adopted for the following reasons:

a)      the application does not address a gap in the AUP or change provisions that apply across the Auckland region

b)      the application is a site-specific proposal that is likely to be of most immediate or direct benefit to the applicant, rather than the wider public

 

the application is out of sequence with the timing in the FULSS and the full infrastructure necessary to support the development (including development in the wider Whenuapai area) is not funded.

Option 2 – Reject the application, in whole or in part

54.     Council can reject a private plan change application, in whole or in part, relying on one of the grounds set out in clause 25(4) of Schedule 1 of the RMA. If the private plan change application is rejected by the council, the applicant has the ability to appeal that decision to the Environment Court under clause 27 of Schedule 1 of the RMA.

55.     The grounds for rejection under clause 25(4) are as follows:

a)      the application or part of the application is frivolous or vexatious; or

b)      within the last two years, the substance of the application or part of the application:

i.        has been considered, and given effect to, or rejected by, the local authority or the Environment Court; or

ii.       has been given effect to by regulations made under section 360A; or

c)      the application or part of the application is not in accordance with sound resource management practice; or

d)      the application or part of the application would make the policy statement or plan inconsistent with Part 5; or

e)      in the case of a proposed change to a policy statement or plan, the policy statement or plan has been operative for less than two years.

Is the application frivolous or vexatious?

56.     Frivolous means not having any serious purpose or value. Vexatious means denoting an action or the bringer of an action that is brought without sufficient grounds for winning, purely to cause annoyance.

57.     The objective of the plan change, which is stated to be the purpose of the proposal by the Applicant, to enable the transition from semi-rural land uses to the development of residential area in a comprehensive and integrated manner.

58.     The timing of the development is ahead of that anticipated in the FULSS. The application includes a section 32 evaluation report and accompanying specialist assessments on matters that support the plan change application and the proposed out of sequence timing. Analysis has been carried out to assess the localised adverse effects of the plan change, and the proposal seeks to address these.

59.     It is therefore concluded that the council cannot reject the private plan change application on the basis that it is frivolous or vexatious.


 

 

Has the substance of the application been considered and been given effect, or rejected by the council within the last two years?

60.     These provisions largely seek to discourage repetitive private plan change applications that are substantially the same, with the associated costs to the council and the community. The AUP became operative in part on 15 November 2016 and applied a Future Urban zone over the majority of land in the Whenuapai area. The substance of the application has not been considered and/or given effect to or rejected by the council in the last two years.  It is therefore concluded that the council cannot reject the application on this basis.

Has the substance of the application been given effect to by regulations made under section 360A?

61.     Section 360A relates to regulations amending regional coastal plans pertaining to aquaculture activities. The site is not within the coastal marine area and does it involve aquaculture activities, and therefore section 360A regulations are not relevant. The council cannot reject the application on the basis that the substance of the application has been given effect to by regulations made under section 360A.

Is the application in accordance with sound resource management practice?

62.     In the Environment Court decision Orakei Point Trustee v Auckland Council [2019] NZEnvC 117, the Court stated:

“[13]  What not in accordance with sound resource management practice means has been discussed by both the Environment Court and High Court in cases such as Malory Corporation Limited v Rodney District Council (CIV-2009-404-005572, dated 17 May 2010), Malory Corporation Limited v Rodney District Council (Malory Corporation Ltd v Rodney District Council [2010] NZRMA 1 (ENC)) and Kerikeri Falls Investments Limited v Far North District Council (KeriKeri Falls Investments Limited v Far North District Council, Decision No. A068/2009)

[14]    Priestley J said in Malory Corporation Limited v Rodney District Council (CIV-2009-404-005572, dated 17 May 2010, at 95) that the words sound resource management practice should, if they are to be given any coherent meaning, be tied to the Act's purpose and principles. He agreed with the Environment Court's observation that the words should be limited to only a coarse scale merits assessment, and that a private plan change which does not accord with the Act's purposes and principles will not cross the threshold for acceptance or adoption (CIV-2009-404-005572, dated 17 May 2010, at 95)

[15]    Where there is doubt as to whether the threshold has been reached, the cautious approach would suggest that the matter go through to the public and participatory process envisaged by a notified plan change (Malory Corporation Ltd v Rodney District Council [2010] NZRMA 1 (ENC), at para 22).”

63.     Consideration of this should involve a coarse assessment of the merits of the private plan change application “at a threshold level”.  This must take into account the RMA’s purpose and principles – noting that if the application is accepted or adopted, a full merits assessment will be undertaken.

64.     The courts have also accepted that "sound resource management practice" can include issues of timing and process. For example, the Environment Court in Malory Corporation v Rodney District Council  [2010] NZRMA 1 stated:

"[60]  We conclude that the question of sound resource management practice goes well beyond questions of planning merit to include fundamental issues as to appropriate process, timing and the like.  It can include non-planning matters such as engineering, cultural, and other issues.”

65.     The zoning proposed is generally consistent with the WSP. To that extent, the private plan change is in accordance with sound resource management practice. The applicant has not demonstrated that adequate infrastructure is either currently available or will be provided as part of the plan change to serve the proposed development and the wider transport network.  Therefore the effects of development in the plan change area and cumulative effects of the proposed development and other developments/further growth in the wider Whenuapai transport network are not adequately mitigated.

66.     The following matters are also relevant.

67.     Will the plan change undermine sustainable management of natural and physical resources?

·    The private plan change application aligns with the indicative land uses in the WSP. The residential land could provide approximately 230 houses.  The application does not provide certainty about provision for walking and cycling for future residents accessing the Whenuapai village.  The pedestrian throughfare is proposed through a third party site. The only other means of accessing Whenuapai Village is to either cross Brigham Creek Road as there are no pedestrian facilities on the southern side of road, or to walk along Marmari Road which does contain a single footpath, but this road is poorly lit. It is considered appropriate for these matters to be addressed through the submission phase of the plan change.  

68.     Will the plan changes enable people and communities across the region to provide for their social, economic and cultural wellbeing?

·    If approved, the private plan change application would provide for residential growth of approximately 230 dwellings in a greenfield area. The Applicant has not provided an economic assessment that enables the significance of this housing to be understood, but the scale of the development is considered to be minor in the Auckland context.

69.     Section 32 is an important aspect of sound practice – is there sufficient justification of the proposed provisions, at a coarse level?

·    The section 32 analysis does not address the gap in funding between transport infrastructure proposed by the applicant and funding of the wider cumulative effects of the proposed development on traffic across the north west estimated by the SGA IBC to be in the vicinity of $1.1B. Nor does it discuss the cost to council of bringing forward funding to build transport infrastructure before any development identified in the sequence set out in the FULSS.

70.     Plan change preparation process and the nature and extent of consultation expected under Schedule 1

·    Taste Business Investment Trust Limited representatives have attempted to consult with iwi but they advise that they did not receive any responses. The representatives have also worked with council departments to an extent when preparing the private plan change application.

71.     Would the application or part of the application make the policy statement or plan inconsistent with Part 5 of the RMA?

·    Part 5 of the RMA sets out the role and purpose of planning documents created under the RMA, including that they must assist a local authority to give effect to the sustainable management purpose of the RMA. Regional and district plan provisions must give effect to the regional policy statement and higher order RMA documents, plus not be inconsistent with any (other) regional plan.

·    The plan change application seeks to rezone Future Urban zoned land to MHU Zone. Development is proposed to occur sooner than that set out in the FULSS sequencing, and a resource consent application has already been lodged and is on hold because there is no provision for the full costs of the required infrastructure to be recovered, unless by way of a funding agreement.

The relevant transport projects for Whenuapai are not included in the council’s LTP and as a result the council is unable to charge the applicant for its fair share of the costs of mitigating all the adverse effects of the private plan change application. This does not give effect to Policy B2.5.8 of the Regional Policy Statement which requires integrated land use planning and transport to enable the supply of industrial land.

National Policy Statement on Urban Development 2020/Medium Density Residential Standards

72.     Clause 35 of Part 5 of Schedule 12 states:

35 Some private plan change requests may rely on IPI to incorporate MDRS

(1) This clause applies to any plan change request to change a district plan—

(a) that is made to a specified territorial authority under clause 21 of Schedule 1 before the specified territorial authority has notified its IPI in accordance with section 80F; and

(b) to which clause 34 does not apply; and

(c) that requests the creation of a new residential zone that proposes to adopt all the zone provisions of a relevant residential zone but does not amend the provisions in the relevant residential zone.

(2) Despite clause 25(4A) of Schedule 1, a specified territorial authority may accept or adopt the request and incorporate the MDRS for the new residential zone through the IPI.

 

73.     As the plan change request was lodged on 01 December 2021, as set out by 35(1)(a), Schedule 12, RMA, clause 35 applies to the plan change request.  Regarding clause 35(1)(c), Schedule 12, the RMA definition of ‘new residential zone’ means an area proposed to become a relevant residential zone that is not shown in a district plan as a residential zone. 

74.     The Applicant has proposed to create a ‘new residential zone’ as the application seeks to zone the plan change area to MHU. The applicant proposes to use the MHU zone and  rely on the MDRS amendments to the MHU Zone as contained in the Council’s IPI (Plan Change 78). The request does not seek to amend any of the MHU zone provisions.

75.     As set out by Clause 35(2), despite clause 25(4A) of Schedule 1, specified territorial authority may accept or adopt the request and incorporate the MDRS for the new residential zone through the IPI.  It is therefore concluded that, on balance, the council should not reject the private plan change application on the basis that the substance of the application would make the AUP inconsistent with Part 5 of the RMA.

Has the plan to which the application relates been operative for less than two years?

76.     The plan provisions of the AUP relevant to this application were made operative on 15 November 2016. The provisions have therefore been operative for more than two years.  It is therefore concluded that the council cannot reject the private plan change application on the basis that the relevant parts of the AUP have been operative for less than two years.


 

 

Option 3 – Address the application as if it were an application for a resource consent

77.     The council could assess with the application as if it were an application for a resource consent and the provisions of Part 6 of the RMA relating to resource consents would then apply.  In this case, the application only seeks to rezone land. The most appropriate process for achieving development within the Future Urban zone is a plan change following the WSP  structure planning process. Rezoning cannot occur through a resource consent application.

78.     It should be noted that a resource consent application has been lodged for this site, and its processing is on hold.  It is therefore concluded that the council should not decide to assess the application as if it were an application for resource consent.

Option 4 - Accept the private plan change application, in whole or in part

79.     The council could accept the private plan change application, in whole or in part under clause 25 of Schedule 1, and proceed to notify the application, or part of the application under clause 26 of Schedule 1 of the RMA.

80.     The council would hold a hearing by independent commissioners to consider submissions, and a decision would be made in relation to the private plan change application in accordance with Schedule 1 of the RMA. All associated costs (including notification and any hearing) would be met by the applicant.

81.     This option is supported on the basis that the request does not meet the criteria for rejection under clause 25(4) of Schedule 1 to the RMA.  This view is reached having regard to relevant case law and that it is more appropriate to accept the request for processing than to adopt it or treat it as a resource consent application, the reasons for which are outlined above. If the private plan change is accepted, the matters raised by the council can be considered on their merits during a public participatory planning process. If accepted, the plan change would not have legal effect until it is made operative by the council.

Conclusion: options assessment

82.     To comply with RMA timeframes, council must now make a clause 25 decision to accept, adopt, treat as a resource consent or reject the private plan change application by Taste Business Investment Trust Limited.

83.     The applicant has stated that it considers that an infrastructure funding agreement is not necessary. While it would be ideal to have such an agreement in place at the time of the clause 25 decision, the funding information is not yet available, and the applicant has advised that it is seeking a clause 25 decision prior to any funding agreement being completed.

84.     If the application is accepted, the private plan change will be publicly notified.  The funding issues would then be a matter for the independent commissioners to consider when making their decision on the private plan change application, in terms of whether it should be approved, approved with modifications or declined.

85.     The caselaw on clause 25 of Schedule 1 of the RMA provides that:

·        where a Private Plan Change application, on a coarse merits assessment, does not accord with the purpose and principles of the RMA, it will not cross the threshold for acceptance or adoption; but

·        where there is doubt as to whether the threshold has been reached, the cautious approach would suggest that the matter go through to the public and participatory process envisaged by a notified plan change.


 

 

 

86.     Based on the relevant case law, it is appropriate for the council to accept the private plan change request and for it to go through to the public participatory process (i.e. accepting the plan change for public notification and hearing). Accepting the private plan change request for processing would enable the more detailed benefits and costs of the plan change to be assessed.

Tauākī whakaaweawe āhuarangi

Climate impact statement

87.     Council declared a climate emergency in Auckland in June 2019. The decision included a commitment for all council decision-makers to consider the climate implications of their decisions. In particular, consideration needs to be given in two key ways:

a)   how the proposed decision will impact on greenhouse gas emissions and the approach to reduce emissions

b)   what effect climate change could have over the lifetime of a proposed decision and how these effects are being taken into account.

88.     It is noted that the decision whether to adopt, accept, reject or deal with the private plan change application is a decision relative to those procedural options, rather than a substantive decision on the plan change application itself.  The law does not require this level of analysis at this point in the process.

89.     If accepted for processing, the development of a Residential – Mixed Housing Urban zone would provide approximately 230 dwellings in the Whenuapai area. Should the council accept the private plan change application for processing, climate impacts can be considered in a future hearing report on the merits of the private plan change application. At that time the potential impacts on Auckland’s overall greenhouse gas emissions may be considered (whether it encourages car dependency, enhance connections to public transit, walking and cycling or support quality compact urban form), and whether the application elevates or alleviates climate risks (such as flooding and stress on infrastructure).

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

90.     Auckland Transport staff have been involved in discussions with the applicant regarding the proposed transport infrastructure upgrades required by the traffic modelling. They have confirmed they do not require any further information at this time.

91.     Auckland Transport remains concerned that there is no immediate funding solution to respond to the cumulative effects of increased traffic on the wider north western transport system and no likelihood of being able to agree on funding amounts until the work by the SGA in the north west is completed.

92.     Watercare staff have been involved in discussions with the applicant since the lodgement of the plan change. As stated above, Watercare have identified that there is currently no way to service the plan change area with wastewater until future infrastructure upgrades are completed in 2024. Watercare staff consider that since this issue has been raised with the applicant, there is no issue with notifying the plan change request.

 


 

 

 

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

Local impacts and local board views

93.     Local board views have not been sought on the options to adopt, accept, reject or deal with the private plan change application as a resource consent application. Although council is required to consider local board views prior to making a regulatory decision, that requirement applies when the decision affects, or may affect, the responsibilities or operation of the local board or the well-being of communities within its local board area. The clause 25 decision does not affect the Upper Harbour Local Board’s responsibilities or operation, nor the well-being of local communities.

94.     If accepted, staff will prepare a summary of any submissions received and provide the opportunity for the local board to give feedback on the private plan change. Any feedback received must be taken into account by the independent hearing commissioners appointed to hear and make the council’s decision on the private plan change.

Tauākī whakaaweawe Māori

Māori impact statement

95.     The plan change requestor’s planners provided records (Attachment E) that they have attempted to contact iwi once on 01 March 2021 in relation to the plan change request. The correspondence was provided to the Council officers, and from the requestor’s records, no iwi have provided a response.

96.     The following iwi were contacted by the requestor’s representatives:

·    Ngāti Paoa Iwi Trust

·    Kaitiaki, Ngāti Pāoa Trust Board

·    Ngāti Te Ata

·    Ngāti Whātua Ōrākei

·    Te Ākitai Waiohua Iwi Authority

·    Te Kawerau a Maki

·    Ngāti Manuhiri, Manuhiri Kaitiaki Charitable Trust

·    Ngāti Maru Rūnanga Trust

·    Te Rūnanga o Ngāti Whātua

·    Ngāti Whātua o Kaipara

97.     If the private plan change request is accepted for processing, all iwi authorities within an interest in the plan change area will be notified and will be able to make a submission.

Ngā ritenga ā-pūtea

Financial implications

98.     The developer has proposed to fund infrastructure to mitigate the immediate local effects of the proposed development that would be enabled as part of the private plan change.  The council does not have enough information to accurately assign a fair proportion of future transport costs to the proposed development.


 

 

99.     Full costs of the infrastructure for the wider network are unable to be determined at this time and are likely to take some time to be calculated. The shortfall in funding of the infrastructure costs is not provided for in the LTP. Therefore, the council is unable to recover the costs of future infrastructure via either the Development Contributions Policy or having another funding mechanism in place. Should the development go ahead without these matters being resolved, this could put pressure on funding for other development areas.

100.   The substantive financial implications of this development will need to be considered during the processing of the application and once a decision has been made.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

101.   The key risk associated with accepting the private plan change relates to the lack of certainty around the funding for the necessary transport infrastructure. As previously noted, to avoid the significant adverse effects that can result from the lack of appropriate infrastructure, or funds having to be diverted from elsewhere, the Planning Committee has previously resolved to make submissions on private plan change applications of this nature.

102.   There are legal risks in either accepting or rejecting the private plan change application. If the application is rejected, the applicant may appeal the clause 25 decision to the Environment Court.

103.   An applicant may appeal to the Environment Court a decision to:

a)   adopt the private plan change application in part only under clause 25(2)

b)   accept the private plan change application in part only under clause 25(2)

c)   reject the private plan change in whole or in part under clause 23(6)

d)   deal with the private plan change application as if it were an application for a resource consent.[4]

104.   It is recommended that the private plan change request is accepted for processing. The applicant has requested the private plan change be accepted. The risk of a legal challenge by the applicant utilising clause 27 RMA appeal rights is therefore not high.

Ngā koringa ā-muri

Next steps

105.   If the committee resolves to accept the private plan change application for processing, council will publicly notify the plan change within four months of the committee’s resolution.  Following that, a hearing to consider any submissions and any local board views will be held, and a decision would then be made on the private plan change request by the independent commissioners in accordance with Schedule 1 of the RMA.

106.   If the private plan change is rejected, council will advise the applicant of this decision. The applicant could appeal the council’s decision to the Environment Court and an Environment Court hearing would be held in due course.

 


 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Plan Change Plans

363

b

AEE PPC - 41-43 Brigham Creek - 10.08.2022

365

c

Section 32 Assessment 9 August 2022

417

d

Clause 25 of Schedule 1 of the RMA

451

e

Applicants Engagement

453

     

Ngā kaihaina

Signatories

Author

Todd Elder - Planner

Authorisers

John Duguid - General Manager - Plans and Places

Megan Tyler - Chief of Strategy

 

 



Planning Committee

01 September 2022

 

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01 September 2022

 

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01 September 2022

 

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Planning Committee

01 September 2022

 

Summary of Confidential Decisions and related information released into Open

File No.: CP2022/12181

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To note confidential decisions and related information released into the public domain.

Whakarāpopototanga matua

Executive summary

2.       This is an information-only report which aims to provide greater visibility of confidential decisions made that can now be released into the public domain.

3.       The following decisions/documents are now publicly available:

Date

Subject

4.8.22

Auckland Unitary Plan – Private Plan Change 67 – next steps

4.8.22

Auckland Unitary Plan – Private Plan Change 51 – next steps

 

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

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

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

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

5.       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 of the original item.

 

Ngā tūtohunga

Recommendation/s

That the Planning Committee:

a)      note the confidential decision and related information that is now publicly available:

i)        Auckland Unitary Plan – Private Plan Change 67 – next steps decision from 4 August 2022

ii)       Auckland Unitary Plan – Private Plan Change 51 – next steps decision from 4 August 2022

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Auckland Unitary Plan - Private Plan Change 67 - next steps decision and Private Plan Change 51 - next steps decision from 4 August 2022 (Under Separate Cover)

 

     

Ngā kaihaina

Signatories

Author

Sarndra O'Toole - Kaiarataki Kapa Tohutohu Mana Whakahaere / Team Leader Governance Advisors

Authoriser

Megan Tyler - Chief of Strategy

 

 


Planning Committee

01 September 2022

 

Summary of Planning Committee information items and briefings (including the forward work programme) – 1 September 2022

File No.: CP2022/12194

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To note the progress on the forward work programme included as Attachment A.

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

Whakarāpopototanga matua

Executive summary

3.       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.

4.       The following workshops and briefings have taken place:

Date

Subject

10.8.22

Area Plan for parts of Puketāpapa and Albert-Eden Local Boards and update of the Māngere-Ōtāhuhu and Ōtara-Papatoetoe Area Plans (NO ATTACHMENT)

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

Date

Memoranda, Correspondence, Information Item

15.8.22

Memorandum:  Auckland Council group staff submissions on proposed changes to the National Policy Statement for Freshwater Management 2020 and National Environmental Standards for Freshwater 2020

15.8.22

Te Uru Kahika Submission on Limiting Scope of the NES-F Exposure draft to exclude Coastal Wetlands

25.8.22

Memorandum:  Auckland Council technical officer submission to the Reshaping Streets Regulatory Package

25.8.22

Auckland Plan 2050 Annual Monitoring Report

The full report is available at the following link:  The Auckland Plan (aucklandcouncil.govt.nz)

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

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

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

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


 

 

 

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

 

 

Ngā tūtohunga

Recommendation/s

That the Planning Committee:

a)      tuhi ā-taipitopito / note the progress on the forward work programme included as Attachment A of the agenda report.

b)      whiwhi / receive the Summary of Planning Committee information items and briefings – 1 September 2022.

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Forward Work Programme

465

b

Memorandum:  Auckland Council group staff submissions on proposed changes to the National Policy Statement for Freshwater Management 2020 and National Environmental Standards for Freshwater 2020 (Under Separate Cover)

 

c

Te Uru Kahika Submission on Limiting Scope of the NES-F Exposure draft to exclude Coastal Wetlands (Under Separate Cover)

 

d

Memorandum:  Auckland Council technical officer submission to the Reshaping Streets Regulatory Package (Under Separate Cover)

 

e

Memorandum:  Auckland Plan 2050 Annual Monitoring Report (Under Separate Cover)

 

     

Ngā kaihaina

Signatories

Author

Kalinda Iswar - Kaitohutohu Mana Whakahaere Matua / Senior Governance Advisor

Authoriser

Megan Tyler - Chief of Strategy

 

 


Planning Committee

01 September 2022

 

 

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

3 Feb

3 Mar

31 Mar

5 May

2 Jun

30 Jun

4 Aug

1 Sep

Urban Growth and Housing

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, and July 2022.

Approval of strategic direction 4 August 2022 PLA/2022/95

Further committee decisions will be needed in the first half of 2023.

 

 

 

 

 

 

 

 

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

Memo due August 2022.

 

 

 

 

 

 

 

 

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. 

 

 

 

 

 

 

 

 

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.

Decision required: consider and adopt the updated area plans

Report due 1 September.

 

 

 

 

 

 

 

 

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.

 

 

Decision required: consider and adopt the area plan

Report due 1 September.

 

 

 

 

 

 

 

 

Unitary Plan Monitoring including Climate response (led by Plans and Places)

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). This work will consist of a series of monitoring reports delivered in a phased way from 2022 onwards. Examples of monitoring topics include urban growth and form, quality built environment, historic heritage, indigenous biodiversity, Māori economic, social and cultural development, natural hazards (including flooding) and climate change. This work may result in plan changes being recommended ahead of the review of the Auckland Unitary Plan in 2026.

 

 

 

Decisions required: Interim reports seeking committee feedback and decisions on possible plan changes ahead of the review of the Auckland Unitary Plan in 2026. 

 

Progress to date:

Memo updates due in August and September.

This will be reported to the Planning Committee (or equivalent) in 2023.

 

 

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.

This will be reported to the Planning Committee (or equivalent) in 2023.

 

 

 

Auckland Plan 2050

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: Receive annual scorecard and approve updates to measures and the plan

 

Progress to date:

The next annual monitoring report will be presented to the committee in September 2022.

 

 

 

 

 

 

 

 

Resource Management Act framework reform

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 late 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 and submission made February 2022.

 

 

 

 

 

 

 

 

 

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 late 2022 and will be reported to the Planning Committee (or equivalent in the next term.

 

National Policy Statements

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 updates August 2021 and June 2022.

 

 

 

 

 

 

 

 

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.

 

 

 

 

 

 

 

 

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. If adopted, this will have implications for how biodiversity outcomes are managed in the Auckland region, particularly through planning frameworks.

Decision required: to consider council’s approach to implementation of any finalised NPS-IB in the Auckland region.

Update member planned for August 2022.

 

 

 

 

 

 

 

 

Transport Strategy Programme (led by Auckland Plan Strategy & Research, CPO in conjunction with others)

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 late 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.

An update will be provided to the new council in the next term.

 

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.

Decision required: to be confirmed

 

 

 

 

 

 

 

 



Auckland Transport

Northwest Interim Bus Improvements

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.

Receive updates

 

 

 

 

 

 

 

 

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.

Receive updates

 

 

 

 

 

 

 

 

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.

Receive updates

 

 

 

 

 

 

 

 

Auckland Parking Strategy

 

AT has started work on updating some parts of its 2015 parking strategy.  The indicative completion date is August 2022.

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:

Workshops held June and October 2021 and March 2022.

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

Endorsement of Draft Parking Strategy for public consultation PLA/2022/24

This will be reported to the Planning Committee (or equivalent) in 2023.

 

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.

Decision required: Endorsement of a proposed programme to be submitted to Waka Kotahi by Auckland Transport

 

Progress to date: Workshop held 25 May.

 

 

 

 

 

 

 

 

 

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.

Direction required: Provide feedback on the next phase of safe speeds.

 

Progress to date: Workshop held 6 April.

 

 

 

 

 

 

 

 

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.

 

Decision required: Endorsement of Auckland Rapid Transit Plan.

 

Progress to date: This will be reported to the Planning Committee (or equivalent) in 2023.

 

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.

Decision required: Endorse strategic direction for the project.

 

Progress to date: This will be reported to the Planning Committee (or equivalent) in 2023.

 

Infrastructure

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.

 

 

 

 

 

 

 

 

 

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.

 

 

 

 

 

 

 

 

Auckland Unitary Plan oversight

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

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


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.

 

 

 

 

 

 

 

 

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

 

 

 

 

 

 

 

 

Converting Road Reserve, Unformed Legal Roads & Pedestrian Accessways to
Open Space

Plans and Places

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.

 

 

 

 

 

 

 

 

Plan Change 60 – Open Space and Other Rezoning Matters

Plans and Plans / Eke Panuku Development Auckland

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.

 

 

 

 

 

 

 

 

 

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

 

 

 

 

 

 

 

 

 

Eke Panuku urban regeneration

Wynyard Point Precinct Plan and Plan Change

Eke Panuku Development Auckland

Refreshed Wynyard Point Precinct Plan leading to council led plan change to support future regeneration delivery.

Decision required: Endorsement for the Wynyard Point Precinct Plan for public consultation.

Endorsement for the Wynyard Point Plan Change for public notification.

Workshop held February 2022.

 

 

 

 

 

 

 

 

Onehunga Wharf Precinct Plan & Plan Change

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.

 

 

 

 

 

 

 

 

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

This will be reported to the Planning Committee (or equivalent) in 2023.

 

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.

 

 

 

 

 

 

 

 

Decisions of other committees which are relevant to the Planning Committee

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.

 


Briefings to be confirmed

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.

 

 

 

 

 

 

 

 

Waka Kotahi/New Zealand Transport Agency

Chief Planning Office

The committee has indicated interest in hearing from Waka Kotahi in terms of its Auckland Programme.

No decision or direction required from the committee.

 

 

 

 

 

 

 

 

Kainga Ora

Chief Planning Office

The committee has indicated interest in hearing from Kainga Ora in terms of its Auckland Programme.

No decision or direction required from the committee.

 

 

 

 

 

 

 

 

Kiwirail

Chief Planning Office

The committee has indicated interest in hearing from Kiwirail in terms of its Auckland Programme.

No decision or direction required from the committee.

 

 

 

 

 

 

 

 

Urban Design

Chief Planning Office

The committee is interested in hearing about the work programme of the Urban Design unit.

No decision or direction required from the committee.

 

 

 

 

 

 

 

 

 

 


Completed

Lead Department

Area of work

Committee role

(decision and/or direction)

Decision

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
PLA/2019/92

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
PLA/2020/9

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
PLA/2020/10

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
PLA/2020/15

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
PLA/2020/16

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
PLA/2020/17, PLA/2020/18, PLA/2020/19

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
PLA/2020/20

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
EME/2020/13

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
EME/2020/23

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
GB/2020/38

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
EME/2020/55

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
PLA/2020/30

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
EME/2020/56

Auckland Plan Strategy & Research

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
PLA/2020/31

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
PLA/2020/32

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
PLA/2020/37

Plans and Places

Plan Change - Whenuapai

Approve next steps.

Next steps approved in confidential section of Planning Committee 2 July 2020
PLA/2020/44

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
PLA/2020/68

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.
PLA/2020/95, PLA/2020/96, PLA/2020/97

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
PLA/2020/100

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
PLA/2020/116

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

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
PLA/2021/7

Auckland Plan Strategy & Research

Auckland Transport Alignment Project

Agree funding package.

Approved the recommended ATAP 2021-31 indicative package
PLA/2021/15

Auckland Plan Strategy & Research

Auckland Plan Environment and Cultural Heritage Outcome Measure confirmation

Confirm new Environment and Cultural Heritage Outcome measures

New measures confirmed
PLA/2021/26

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.  

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)

Auckland Plan Strategy & Research

Auckland Plan 2050 implementation and monitoring

 

To note progress against the measures in the Auckland Plan 2050

 

2021 monitoring report received
PLA/2021/69

Chief Planning Office

Unit Titles Act

To approve council’s submission

Authority delegated to approve submission
PLA/2021/27

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
PLA/2021/15

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
GB/2021/55

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
PLA/2021/36 – PLA/2021/37

Auckland Plan Strategy & Research

National 30-year Infrastructure Strategy

To approve council’s submission

Authority delegated to approve council’s submission
PLA/2021/54

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
PLA/2021/6

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
PLA/2021/92

Chief Planning Office

Resource Management (Enabling Housing Supply) Amendment Bill

 

To approve council’s submission on the Bill

Group delegated to approve council’s submission on the bill November 2021
PLA/2021/123

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
PLA/2021/126

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

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.

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

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.

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.

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

Plans and Places

Regional Historic Heritage Grant

To approve the grant recommendations.

Regional Historic Heritage Grants Programme 2021/2022 funding round allocation approved March 2022 PLA/2022/9

Auckland Plan, Strategy and Research

National Environmental Standards for Sources of Human Drinking Water

To approve council’s submission on the proposed amendments to the Resource Management (National Environmental Standards for Sources of Human Drinking Water) Regulations 2007 and a package of related technical drinking water standards.

Authority delegated to approve council’s submission March 2022 PLA/2022/10

Eke Panuku Development Auckland

Thriving Town Centres - Town Centre Guidelines for Eke Panuku locations

To endorse the guidelines for Eke Panuku locations to support future urban regeneration delivery and engagement with stakeholders and partners.

Endorsed Thriving Town Centres – Guidance for urban regeneration in Tāmaki Makaurau / Auckland PLA/2022/33

Auckland Transport

 

Increasing mobility options & networks (walking, cycling & micro-mobility, & connecting networks)

To endorse the direction and intent of the Auckland Cycling and Micromobility Programme Business Case as a pathway to achieving 7 percent cycling mode share by 2030.

Endorsed direction and intent of the Auckland Cycling and Micromobility Programme Business Case PLA/2022/41 and PLA/2022/43

Eke Panuku Development Auckland

Transit-oriented development opportunities – Eastern Busway

Consider and provide feedback on the Strategic Regeneration Overview for the Eastern Corridor development opportunities

Report considered 5 May Planning Committee PLA/2022/49

Chief Planning Office

National Policy Statement on Urban Development and related enactments and council’s intensification planning instrument

Consider the significant policy and implementation issues that are presented by the NPS on Urban Development and approve notification of plan changes to give effect to council’s response

Intensification Planning Instrument and accompanying plan changes approved for public notification PLA/2022/91 – PLA/2022/93

 

 



[1] Clause 21, Schedule 1, Resource Management Act 1991.

[2] Part 1 Schedule 1 applies, as modified by clause 29 Part 2 Schedule 1, Resource Management Act 1991.

[3] Part 2 Schedule 1 Resource Management Act 1991.

[4] Clause 27, Schedule 1 Resource Management Act 1991.