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Resolution
number PEPCC/2022/11
MOVED by Cr A Baker, seconded by Cr A Filipaina:
That
the Planning, Environment and Parks
Committee:
a) not
reject the private plan change request under clause 25(4) of Schedule 1 of
the RMA, on the basis that:
i) the grounds to reject a private plan change request under
clause 25(4) of Schedule 1 are limited and, having regard to relevant case
law:
A) the request is not frivolous. The applicant has provided
supporting technical information and the private plan change has a resource
management purpose.
B) the request is not vexatious and the applicant is not
acting in 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 transport
infrastructure required to support development in the Beachlands area, 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 impact of development
on the transport network (positive and negative) and the cost of transport
upgrades needed becomes available, there remains a prospect that a funding
solution can be found. The Council could reject the private plan change
request for processing under this ground, but it does not have to, and it is
recommended that the Council exercise its discretion not to reject the private
plan change request under this ground.
E) a
coarse-grain assessment does not indicate that the private plan change would
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.
b) whakaae
/ accept the private plan change request by Beachlands South Limited Partnership in relation to
approximately 307 hectares at 110 Jack Lachlan Drive; and 620, 680, 682, 702,
712, 722, 732, 740, 746, 758 and 770 Whitford-Maraetai Road, Beachlands, included as
Attachment A to the agenda report, pursuant to clause 25(2)(b) of Schedule 1
to the RMA for the following reasons:
i) accepting the private
plan change request for notification will enable a range of matters (in
particular, infrastructure funding) to be considered on their merits during a
public participatory process.
ii) it is inappropriate to adopt the private plan change. The
private plan change proposal is not identified as a location for future
growth in the Auckland Plan and there is currently no provision for funding
the full costs of water and wastewater infrastructure required, or the
necessary transport upgrades, including the widening of Whitford-Maraetai Road to four lanes.
iii) it is not appropriate to deal with the private plan
change as if it was a resource consent application as the request seeks to
rezone a substantial area of land for development over a period of time
rather than undertake a single development project.
c) tautapa / delegate authority to the Manager Central and South
Planning to undertake the required notification and other statutory processes
associated with processing the private plan change request by Beachlands South
Partnership Limited pursuant to Schedule 1 to the Resource Management Act
1991.
d)
tautapa / delegate
authority to the Chair and Deputy Chair of the Planning, Environment and
Parks Committee and a member of the Independent Māori Statutory Board to
approve a council submission:
i)
seeking to have the
private plan change declined unless council’s concerns around
infrastructure funding, financing and delivery, climate change impacts and
any other relevant matter are addressed, and
ii)
in the event that
the council’s concerns around infrastructure funding, financing and
delivery, climate change impacts, and any other relevant matter can be
addressed, that the private plan change be approved with modifications.
CARRIED
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