Agenda of Planning, Environment and Parks Committee

Planning, Environment and Parks Committee

29 June 2023

Accelerating a Resilient Tāmaki Makaurau Auckland

File No.: CP2023/08068

Te take mō te pūrongo

Purpose of the report

1. To endorse the three main lines of action to accelerate a resilient Tāmaki Makaurau Auckland.

Whakarāpopototanga matua

Executive summary

2. Staff have completed an investigation of recent flooding impacts, implications, and improvements commissioned by a delegated group of the Planning, Environment and Parks Committee.

3. Staff recommend three main lines of action to build a resilient Tāmaki Makaurau:

· strengthen the Unitary Plan

· speed up community action on adaptation

· Making space for water (to be publicly consulted).

4. Taking this approach will help build a resilient Tāmaki Makaurau by directly working with mana whenua and communities on local adaptation pathways.

5. Staff have previously engaged with Aucklanders, and they want decisive action.

6. There is a medium risk associated with the government’s changing policy settings resulting in some of the actions requiring rescoping. Council will continue to make submissions to government changes as they occur.

7. The next phase includes a detailed programme: planning, design, and delivery for the three main lines of action.

8. Staff will also continue to consolidate evidence, insight and simplify existing work programmes and actions as we progress the next phase of work to June 2024.

Ngā tūtohunga

Recommendation/s

That the Planning, Environment and Parks Committee:

a) ohia / endorse the Accelerating a Resilient Tāmaki Makaurau Auckland insight report in Attachment A of the agenda report.

b) tuhi ā-taipitopito / note that for the three main lines of actions:

i) strengthening the Unitary Plan details are being considered in a separate report to this meeting

ii) speed up community adaptation action is funded

iii) making space for water is to be considered for public consultation and a paper will be reported to the Governing Body at its July meeting.

Horopaki

Context

9. On 9 February 2023, the Committee passed a resolution for staff to prepare a scope of work to investigate the causes and impacts of recent flooding, implications, and improvements for policy and infrastructure settings (PEPCC/2023/6).

10. The scope of work was approved by a delegated group of the Committee and noted at the 2 March 2023 meeting (PEPCC/2023/25).

11. The objective of the scope was to identify the lessons we can learn from the recent weather events and what we can do to build a region more resilient to water-related hazards.

12. The scope of work, now known as Resilient Auckland, includes four phases. Staff have provided the responsive action briefings from Phase 1 in June 2023 as approved.

13. The attached early insight report: ‘Accelerating a Resilient Tāmaki Makaurau Auckland” in Attachment 1 is provided earlier than the approved November report back. This recognises the impact of recent extreme weather events and to ensure alignment with the fast pace of recovery efforts, particularly ‘Making space for water’.

Tātaritanga me ngā tohutohu

Analysis and advice

Staff recommend accelerating action in response to recent extreme weather events

14. What happened:

· Auckland had unprecedented rainfall during two recent extreme weather events.[1]

· The impacts on Auckland were devastating and lasting.

· Some Aucklanders were hit hard, some over and over again, and are suffering ongoing housing and financial hardship, and impacts on their physical and mental wellbeing.

· The impacts of climate change on extreme weather events and longer-lived climate events (e.g., drought) are becoming more intense.

· Climate change is impacting wellbeing now and is a threat to communities in the future.

· The built environment and urban form contribute to a range of hazards.

· Auckland’s built environment is a cumulative result of decisions made over the last two centuries.

· This urban form has not coped with increasing extreme weather and was not designed to manage the current and future climate disruption.

15. What did we learn:

· Our ability to influence the uptake of water sensitive design and resilience is limited.

· We have been slow to roll-out water sensitive design and resilience across our own network.

· We have not followed through on engagement with mana whenua and Māori.

· Aucklanders are vulnerable and our region is not fit for future climate change impacts.

16. What can we do:

· Decisive action is required, including regulatory and non-regulatory responses across multiple natural hazards, with sustainable leadership and funding.

· We need to make planned changes to deal with both climate impacts and respond to the climate disruption forcing change on us. We know from recent events, that change needs to happen faster.

· Staff propose to accelerate three main lines of action in the short term to build a resilient Tāmaki Makaurau.

17. These actions involve: regulating land use, spending on infrastructure, engaging and planning with communities, researching and sharing information.

1. Strengthen the Unitary Plan

o make Plan Change 78 amendments

o additional natural hazard provisions – control development or intensification

o downzone areas of significant risk - restrict intensification

o intensify development of well-connected lower-risk areas

o opportunities to strengthen water sensitive design

o better address extreme weather events in resource consent assessment and conditions

2. Speed up community adaptation action

o use rapid spatial mapping in the Draft Future Development Strategy of most vulnerable areas to inform infrastructure planning and community adaptive planning

o accelerate community adaptive planning in priority places including shoreline adaptation

o accelerate mana whenua and Māori – led adaptation, resilience planning and action

o increase environmental and hazard research, modelling, and monitoring

o faster uptake of water sensitive design and blue-green open space networks as part of adaptation planning

o invest in build-back strategies to increase resilience

3. Making space for water (to be publicly consulted)

o creating blue-green networks in flood-risk areas

o working with property owners on engineering solutions, managed retreat, and property acquisition

o culvert and bridge upgrades

o overland flow path management

o supporting rural community resilience planning

o flood intelligence

o stream rehabilitation

o community-led flood resilience

o increased stormwater network maintenance

18. Strengthening the Unitary Plan is being considered in a separate report to this meeting.

19. Speed up community adaptation action is funded.

20. Making space for water is to be considered for public consultation and a paper will be reported to the Governing Body at its July 2023 meeting.

Tauākī whakaaweawe āhuarangi

Climate impact statement

21. The overall purpose of accelerating our adaptation response through the three main lines of action is to build Auckland’s resilience to climate change through adaptation.

22. These main lines of action are consistent with the overall strategic direction, commitments and outcomes sought in the Auckland Plan 2050, and policy settings in Nga Hapori Momoho, Te Tāruke-ā-Tāwhiri and the Water Strategy.

23. It is noted that infrastructure provision or construction is likely to cause increased emissions in the short-to-medium-term but will be beneficial in the long-term to assist Auckland’s long-term ability to be prepared for adverse weather and climate disruption.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

24. The council group have been working on various ways to mitigate and adapt to climate disruption prior to the January and February extreme weather events.

25. The attached early insight report: ‘Accelerating a Resilient Tāmaki Makaurau Auckland” in Attachment A aligns action across the council whanau.

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

Local impacts and local board views

26. Some Aucklanders were severely affected by both events (and subsequent storms) and are suffering ongoing housing and financial hardship and impacts on their wellbeing.

27. Local Boards have been supporting and advocating for their affected communities.

28. Staff will engage local boards when implementing the three main lines of action in this report in accordance with the ‘Local Board involvement in Regional Policy, Plan and Bylaws: Agreed Principles and Processes 2019’.

Tauākī whakaaweawe Māori

Māori impact statement

29. Mana whenua and Māori have persistently called for urgent transformational responses to climate change.

30. Values such as mauri, mana, kaitiakitanga and their application need to be driven and led by mana whenua.

31. Te ao Māori and Mātauranga Māori is a key part of climate adaptation.

32. Mana whenua and Māori have consistently demonstrated tino rangatiratanga through identifying and managing risks unique to their communities and supporting the wider community. The pandemic and recent extreme weather events are just a few recent examples of mana whenua and Māori led action.

33. Accelerating adaption and resilience actions already put forward to the council needs to be a core part of a resilient Tāmaki Makaurau. This is part of the speed up community adaptation action.

Ngā ritenga ā-pūtea

Financial implications

34. Two actions proposed: strengthen the Unitary Plan and speed up community adaptation action will be delivered within existing budgets. Making space for water will be considered for public consultation at the July 2023 Governing Body meeting.

35. Any future financial decisions can be considered through the appropriate Long-term Plan and Annual Plan decision making process.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

If…

Then…

Risk level

Possible mitigation…

timeframes cannot be achieved

the speed of improvements reduces and/or timeframes are extended.

Low

Reprioritising actions or funding allocation with the below considerations.

· The timeframes for delivery will vary significantly.

· Actions that can be implemented quickly will be.

· All statutory planning and regulatory settings will include required statutory consultation processes.

the government’s policy settings change

actions underway may need to be rescoped.

Medium

Committee engagement with central government is important to ensure the crown and the council are working together.

Ngā koringa ā-muri

Next steps

36. The next phase includes a detailed programme: planning, design and delivery for the three main lines of action. Staff will also continue to consolidate evidence, insight and simplify existing work programmes and actions as we progress the next phase of work to June 2024.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇨	Accelerating a Resilient Tāmaki Makaurau Auckland insight report

Ngā kaihaina

Signatories

Author

Rebecca Kruse - Policy Advisor

Authorisers

Kataraina Maki - General Manager - Community and Social Policy

Megan Tyler - Chief of Strategy

Planning, Environment and Parks Committee

29 June 2023

Accelerating a Resilient Tāmaki Makaurau/Auckland - Strengthening the management of natural hazard risks through the Auckland Unitary Plan

File No.: CP2023/07668

Te take mō te pūrongo

Purpose of the report

1. To provide an outline of the on-going review of the management of natural hazard risk under the current planning framework (including the Auckland Unitary Plan), and to seek endorsement for the preparation of changes to strengthen the Auckland Unitary Plan by addressing any issues or gaps currently known or identified through the review.

Whakarāpopototanga matua

Executive summary

2. A scope of works to investigate recent flooding impacts, implications, and improvements was approved by a delegated group of the Planning, Environment and Parks Committee, and noted at the 2 March 2023 committee meeting. This scope of work is being addressed as part of the Accelerating a Resilient Tāmaki Makaurau/Auckland work programme, which is being reported on as a separate agenda item for this meeting. This report focuses on strengthening the Auckland Unitary Plan (AUP) as one of the regulatory responses.

3. There has been on-going work occurring in relation to natural hazard risk management under the AUP. The s35 monitoring report on Chapter B10.2 Natural hazards and climate change of the Regional Policy Statement and the intended content of a coastal hazards plan change provide a solid base for identifying what changes are required to strengthen the AUP.

4. Council’s understanding of what changes are required will be enhanced by the analysis of the information available from the latest weather events. This work is currently underway and involves a co-ordinated and collaborative approach across different council departments. The investigation focuses on both the current regulatory and non-regulatory settings to determine where the gaps may be and how improvements can be made.

5. Based on the key findings of the s35 monitoring report on natural hazards, the latest information and guidance on natural hazard risk, and the preliminary information uncovered to date from the recent weather events, it has been identified that there are gaps within the AUP that will need to be addressed through a plan change. However, changes to the Regional Policy Statement are not considered to be required at this stage, and this will be investigated further as part of a future AUP comprehensive plan review process.

6. The exact nature and scale of changes required will not be clear until the detailed analysis has been further advanced. Once the analysis work is completed, this will shape the next stage of work, which will involve determining and evaluating what this means for the current planning framework, being the progression of a changes to the AUP as well as improvements to the broader policy settings of council. The preparation of the plan change will need to consider the various options available to amend the AUP itself (e.g. use of zoning or additional provisions) as well as other methods (e.g. undertaking staff training and providing more practice notes).

7. Striking the right balance of provisions within the AUP relative to broader policy will benefit from well planned community and stakeholder engagement as well as close political guidance, particularly given the community and mana whenua interest in this matter. It is anticipated that detailed workshopping will be required with the committee.

8. Further plan change updates will be provided to the Planning, Environment and Parks Committee on the nature of the recommended changes to the AUP and the processes by which they can be achieved.

Ngā tūtohunga

Recommendation/s

That the Planning, Environment and Parks Committee:

a) tuhi ā-taipitopito / note the work carried out to date and the additional work that will need to be undertaken to understand the impacts of the recent weather events and what changes may be required to the current planning framework.

b) ohia / endorse the preparation of changes to the Auckland Unitary Plan to strengthen the management of risk from natural hazards, which may include but not be limited to:

i) downzoning;

ii) activity status for resource consents;

iii) new standards and/or rules;

iv) objectives and policies;

v) intensify development of well-connected lower-risk areas;

c) tuhi ā-taipitopito / note that the Committee will be asked to provide direction on the nature and extent of the changes to the Auckland Unitary Plan in order to complete the changes for final reporting

d) request staff prepare an engagement plan in collaboration with the Recovery Office to be agreed by the Chair and Deputy Chair of the Planning, Environment and Parks Committee and a member of the Independent Māori Statutory Board.

Horopaki

Context

9. On 9 February 2023, the Planning, Environment and Parks Committee passed a resolution for staff to prepare a scope of works to investigate the regional and localised impacts of flooding, and the implications for land use planning, regulatory, current plan changes to the Auckland Unitary Plan (including Plan Change 78), infrastructure and other policy settings (PEPCC/2023/6).

10. A scope of works to investigate recent flooding impacts, implications, and improvements was approved by a delegated group of the Planning, Environment and Parks Committee, and noted at the 2 March 2023 committee meeting (PEPCC/2023/25).

11. The approved scope of works sets out eight responsive actions that were to be delivered within the following eight to twelve weeks. A memo was sent to the Planning, Environment and Parks Committee on 31 May 2023, which provided a report back on two of the responsive actions set out in the approved scope of works in relation to the review of council’s approach to Plan Change 78 and the review of the scope of the coastal hazards plan change.

12. The approved scope of works also sets out a set of actions that relate to investigating the causes and impacts of recent weather events and the implications for public policy and infrastructure settings. Actions include identifying how the current planning framework is positioned to manage the impact of natural hazards in the future and how the current regulatory settings, particularly land use planning in the Auckland Unitary Plan (AUP), can be future proofed in light of lessons from the recent weather events.

13. The actions within the approved scope of works are being undertaken as part of the Accelerating a Resilient Tāmaki-Makaurau/Auckland work programme. The progress with this wider work is being reported on as a separate agenda item for this meeting. This report focuses on strengthening the AUP as one of the regulatory responses.

Tātaritanga me ngā tohutohu

Analysis and advice

Section 35 monitoring of the Auckland Unitary Plan

14. Work in relation to investigating the performance of natural hazard risk management under the AUP had begun prior to the recent weather events as part of council’s wider monitoring programme to fulfil the requirements under section 35 of the Resource Management Act 1991 (RMA). The purpose of this programme is to understand the effectiveness and efficiency of the AUP in achieving the outcomes sought in the Regional Policy Statement (RPS) chapter and to provide a basis for taking appropriate action where necessary to address any issues or gaps identified. The findings and recommendations from these reports sought to provide a starting point for the full AUP plan review process and to identify any matters that may need to be addressed before that time through plan changes to the AUP.

15. The s35 report assessing the effectiveness and efficiency of the AUP in achieving the outcomes sought under Chapter B10.2 Natural hazards and climate change of the RPS began in 2020. Information and data from between November 2016 and November 2021 informed the content of this review. The report is currently in its final draft and is expected to be published soon.

16. There were several significant challenges with undertaking this monitoring review:

· Modelling and data on natural hazard risk are constantly being updated over time. As the natural hazard provisions in the AUP were based on the best information available at the time the plan was prepared, the review focuses on assessing the provisions in that context rather than assessing against new information that has become available since.

· The AUP has only been operative for five years whereas the provisions in the AUP seek to manage natural hazard risk over a 100-year period. As such, the review focuses on drawing conclusions relating to potential issues in achieving these outcomes based on the implementation of the AUP provisions since its inception.

· The availability, quality, and accuracy of the information available to inform the review were sometimes limited and often required additional work that was beyond the capacity of the resourcing available. It is also noted that most of the monitoring work was undertaken in 2020 and 2021, with staff having been impacted by Covid and/or new work priorities having arisen (such as the National Policy Statement on Urban Development).

17. Despite the challenges identified above, the s35 report does provide a broad canvas of the key observations, trends and feedback gathered from the various data sources and provides recommendations on what the next steps might be to understand the extent of the highlighted issues and to address the potential gaps identified. These key findings provide a solid basis to initiate further investigations and analysis as outlined in the approved scope of works.

Coastal hazards plan change

18. The provisions in the AUP were formulated based on the best technical information available at the time of its development. Since then, there has been improved scientific knowledge on natural hazard risk, particularly in relation to the effects of climate change.

19. A report was commissioned by council to provide a more up-to-date assessment of the areas of Auckland’s coastline that are susceptible to coastal instability and erosion. This report was published in February 2021, with associated mapping published in May 2021. It was identified with the release of this updated information that changes were required to the AUP to align the plan provisions with the new mapping.

20. The Ministry for the Environment also released its interim guidance on the use of new sea-level rise projections in August 2022. This guidance recommended using sea-level rise projections that are beyond the extent currently accommodated for within the AUP. As such, it was also identified that the AUP provisions would also need to be updated to reflect the new sea-level rise projections.

21. A plan change addressing coastal hazards was being formulated to address both matters and was in its early stages of development when the recent weather events occurred. The intended content of this plan change also provides a starting base for identifying what changes are required to strengthen the AUP.

Review of the current planning framework on natural hazard risk management

22. The latest weather events resulted in a plethora of data and information that will assist with understanding the nature of any changes that are required to the current planning framework. The data and information can also help verify the extent and severity of the potential gaps within the AUP raised in the s35 monitoring report.

23. Datasets from the latest weather events, as well as information on natural hazards and on development in the Auckland region since the AUP has been operative, are currently being collated to enable detailed analysis to take place. Other council departments are also undertaking co-ordinated work in this space (such as the Making Space for Water programme) and will contribute to this analysis. The investigation focuses on both the current regulatory and non-regulatory settings to determine where the gaps may be and what changes are required.

24. Key questions being investigated as part of this analysis include:

· what is the type of risk that the planning framework should focus on? What is the respective focus between risks to people, property and the environment?

· do the current regulations reflect the correct settings to manage risk safely and economically? Should the provisions and policy settings consider lesser or greater events than currently accounted for? Should the framework incorporate dynamic risk assessments?

· has the AUP been effective at managing natural hazard risk?

· what non-regulatory and other legislative settings may have had an impact on what transpired because of the latest weather events, and are other requirements (e.g. the Building Code) impacting on the ability for natural hazard risk to be managed as intended?

25. Based on the key findings of the s35 monitoring report, the latest information and guidance on natural hazard risk, and the preliminary information uncovered to date from the recent weather events, there are gaps within the AUP. However, it is important to note that the exact nature and scale of the necessary changes to the AUP will not be clear until the further detailed analysis has been undertaken.

Direction under the Regional Policy Statement

26. Chapter B10.2 Natural hazards and climate change within the Regional Policy Statement (RPS) provides the broad direction and framework for the management of natural hazard risk within the Auckland region. The objectives seek to ensure that:

· communities are more resilient to natural hazards and the effects of climate change.

· risks to people, property, infrastructure and the environment from natural hazards are not increased in existing developed areas.

· new subdivision, use and development avoid the creation of new risks to people, property and infrastructure.

· the effects of climate change on natural hazards are recognised and provided for

· the functions of natural systems, including floodplains and overland flow paths are protected and maintained.

27. The outcomes sought under the RPS are appropriate given the current legislative settings and do not require any further amendments at this stage. The evaluation and analysis of the data and information available will focus on determining what changes are required to ensure that the AUP is more aligned and effective at achieving these outcomes.

28. Any changes required to the RPS will preferably be investigated as part of the AUP plan review process and would also be dependent on any upcoming central government policy or legislation changes.

Context of the AUP within council’s broader policy programme

29. There are many factors that influence the ability for natural hazard risk to be appropriately managed, with the provisions of the AUP only being one of the many. Other aspects, such as the requirements set out under the Building Act 2004 and Building Code, council’s capacity to undertake compliance and monitoring, and council’s infrastructure plans and strategies, also play vital roles. The review of the broader policy programme is being carried out as part of the Accelerating a Resilient Tāmaki-Makaurau/Auckland (as noted in the separate agenda item) and being investigated by the Recovery Office. It is within this context that the ability for the AUP provisions to influence natural hazard risk management outcomes needs to be considered.

Future planning response

30. As outlined above, it is not possible at this stage to determine the specific changes or improvements that are required to the AUP. Lessons learnt from the recent weather events will be able to be identified over the coming months once the required analysis work is completed. This information will then shape the next stage of work, which will involve determining and evaluating what this means for the current planning framework, being the progression of changes to the AUP as well as improvements to the broader policy settings of council.

31. There are a range of potential options that could be adopted to strengthen the AUP’s ability to manage natural hazard risk associated with new development more effectively. These may include, and are not limited to, the use of zoning, changes to activity status for resource consents, new standards and/or rules, and strengthened objectives and policies. Options also include improvements that do not require any changes to the plan itself (e.g. additional practice notes and staff training) and the use of non-regulatory methods.

32. It is also noted that as overall development potential may be reduced through these changes, the future plan change would also need to include consideration of whether additional development should be accommodated in well-connected lower-risk areas areas. This will ensure alignment with the intent of the National Policy Statement on Urban Development as well as other council plans and strategies.

33. Striking the right balance of provisions within the AUP relative to broader policy will benefit from well planned community and stakeholder engagement as well as close political guidance. It is anticipated that detailed workshopping will be required with the committee.

34. Further update reports will be provided to the Planning, Environment and Parks Committee on the nature of the recommended changes to the AUP.

Tauākī whakaaweawe āhuarangi

Climate impact statement

35. The overall purpose of undertaking this work is to strengthen the Auckland Unitary Plan so that the extent to which our communities are exposed to, and affected by, natural hazard risk is reduced. This supports the council’s commitments to ensuring Auckland is more resilient and adaptable to the impacts of climate change and aligns with the outcomes sought in the Auckland Plan 2050 and the Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan. This matter will be discussed in detail in a subsequent report to the Planning, Environment and Parks Committee.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

36. Collaboration from across the council group will be required to analyse the data and information available and to determine what changes are required to the Auckland Unitary Plan. The Chief Planning Office will continue to work closely with different departments across council and CCOs, including Healthy Waters, Resilient Lands and Coasts, Regulatory Services, Civil Defence and Emergency Management, and the Recovery Office.

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

Local impacts and local board views

37. Auckland’s coastal environment, topography and pattern of development means that there are many areas in the region that are at risk of being affected by natural hazards. Changes to the Auckland Unitary Plan to strengthen how risk from natural hazards are managed will therefore affect most local boards and many communities in both rural and urban Auckland.

38. Communities and local boards have shown significant interest in council’s response to the recent weather events. Given the significant interest on this topic, engagement with local boards, Aucklanders and key stakeholders will be essential as part of the development of any changes to the AUP. An engagement plan will be developed following the endorsement of this work.

Tauākī whakaaweawe Māori

Māori impact statement

39. Auckland Council has obligations under Te Tiriti o Waitangi and its Significance and Engagement Policy to take special consideration when engaging with Māori to enable Māori participation in council decision making to promote Māori well-being.

40. Auckland’s coastal environment and topography means that natural hazard risk is present across many parts of the region. The widespread nature of natural hazard risk means that any changes to the AUP has the potential to affect Māori both negatively and positively. This includes with respect to culturally significant sites and landscapes, Treaty Settlement redress land, the urban form as it reflects mātauranga Māori, and Māori facilities where customs and traditions are observed (such as marae). In particular, marae and their associated urupā have been established in locations which are now facing an increasing threat from natural hazards including sea level rise.

41. At this stage of the process, mana whenua and mataawaka have not yet been involved. However, previous engagement with mana whenua for the National Policy Statement on Urban Development has indicated particular interest in the management of stormwater and the reduction in intensification and development in areas subject to natural hazard risk.

42. Staff will work with mana whenua to develop the engagement plan and will consider how to best engage with mataawaka.

Ngā ritenga ā-pūtea

Financial implications

43. The preparation of changes to the AUP is not anticipated to have any direct immediate financial impacts due to the use of existing budget and re-prioritisation of work. In particular, as a result of the one-year extension given by the Minister for the Environment for decision-making on Proposed Plan Change 78 – Intensification, a number of staff who were working on that plan change have been/will be able to progress the work on natural hazards.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

44. There are significant risks to council associated with not addressing any known or identified gaps in the AUP. For example, there may be an increased risk to people and property due to additional development being established in areas currently not managed by the AUP or due to new development being managed by provisions that may not be as effective in mitigating or avoiding risk as intended. There is also risk to council in relation to its duty of care in hazard management, as council will have more up-to-date information on natural hazard risk and has not acted on it within the RMA processes. The work outlined in this report seeks to address these risks as a high priority.

45. There are also risks associated with the preparation of changes to the AUP. Key risks include:

· the introduction of new policy and legislation, or changes to existing policy and legislation, by central government.

· uncertainty regarding uptake, process, and initiatives for central government’s property risk categorisation framework, as implemented through the Making Space for Water programme.

· insufficient time and/or resources to gather sufficient evidence.

· insufficient time and/or resources to undertake effective engagement with the public and mana whenua.

· uncertainty regarding the decisions on Proposed Plan Change 78 - Intensification

46. The nature of these risks means that they cannot be fully addressed at this stage. They will be carefully considered and discussed further with the Planning, Environment and Parks Committee during workshops and future reports.

Ngā koringa ā-muri

Next steps

47. Once endorsed by the committee, staff will progress with the analysis and evaluation to formulate the necessary changes to the AUP and prepare the supporting documentation. Staff will run workshops, and report back to the Planning, Environment and Parks Committee with updates and for approval to notify the changes.

48. As discussed in a memo provided to the Planning, Environment and Parks Committee on 31 May 2023, based on the current legislative settings, the full suite of likely changes to the AUP will not be able to be publicly notified before decisions are made on Proposed Plan Change 78 – Intensification. However, staff are continuing active discussions with officials from the Ministry for the Environment with the aim of achieving a simpler, more streamlined process.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Author

Tian Liu - Policy Planner

Authorisers

John Duguid - General Manager - Plans and Places

Megan Tyler - Chief of Strategy

Planning, Environment and Parks Committee

29 June 2023

Waitākere Ranges Heritage Area Five Year Monitoring Report 2017-2022

File No.: CP2023/07884

Te take mō te pūrongo

Purpose of the report

1. To approve the Waitākere Ranges Heritage Area Five-year Monitoring Report 2017-2022 (the monitoring report).

Whakarāpopototanga matua

Executive summary

2. The purpose of the Waitākere Ranges Heritage Area Act 2008 (the Act) is to recognise the national, regional and local significance of the Waitākere Ranges Heritage Area (the heritage area) and to promote the protection, restoration and enhancement of its heritage features. This is the third monitoring report. Earlier reports were published in 2013 and 2018.

3. Council performs governance and management functions in the heritage area for activities including parks, community facilities and plant and pest management. Watercare Services Limited (Watercare) has land, water supply and catchment functions and manages specific assets and its activities. Auckland Transport (AT) provides and maintains roads and other transport assets, services and related infrastructure. The Department of Conservation (DoC) manages several (relatively small) areas of DoC estate.

4. Te Kawerau ā Maki and Ngāti Whātua are mana whenua for the heritage area and have been engaged with during the development of the monitoring report.

5. Section 34 of the Act says that Council must make a monitoring report publicly available every five years. It must include:

· the state of the heritage area’s environment

· progress made towards achieving the objectives of the Act

· the funding implications of activities undertaken to achieve these objectives.

6. Monitoring also helps to assess the ongoing effects of Council’s many activities, and may be used to inform decision-making in the context of annual plans and the long-term plan (10-year budget).

7. The findings of the monitoring report are primarily based on the analysis of existing data from separate technical and non-technical reports, plans, and other sources of quantitative and qualitative information. Where possible, comparisons have been made with the 2018 report. The 2023 monitoring period is from 1 July 2017 to 30 June 2022.^{^[2]}

8. Overall, the report concludes that there has been progress towards achieving the objectives of the Act. The success (or otherwise) of council, AT and Watercare activities is often judged depending on viewpoint. The achievement of one objective does not always assist in achieving others.

9. The distribution of the kauri dieback pathogen has been localised to areas on the periphery of the Waitākere Ranges Regional Park. Monitored ecosystems have demonstrated patterns of growth consistent with regeneration. The track network is slowly re-opening and providing opportunities for people to enjoy recreational experiences. The reopening of tracks has been affected by the damage caused by Cyclone Gabrielle in February 2023. Subdivision and development statistics continue to show a reduction in the number of applications and approved resource consents.

10. Overall, there has been only a minor change in the general condition and character of landforms and landscapes, indicating that the planning provisions continue to be effective. Positive examples of council, Watercare and AT interventions and ongoing risks are highlighted throughout the report

Ngā tūtohunga

Recommendation/s

That the Planning, Environment and Parks Committee:

a) whai / adopt the Waitākere Ranges Heritage Area Five-year Monitoring Report 2017-2022 at Attachment C of this agenda report

b) tautapa / delegate authority to the Manager Planning, Regional, North, West and Islands to make any minor amendments to the Waitākere Ranges Five-year Monitoring Report 2017-2022 prior to publication.

Horopaki

Context

11. The boundaries of the heritage area are defined in the Act, which recognises that this area has national, regional, and local significance. The heritage area is approximately 27,700 ha of public and private land located between metropolitan Auckland and the coast of the Tasman Sea to the west, the Manukau Harbour coastline to the south and the Waitākere Valley to the north.

12. Section 34 of the Act says that council must make a monitoring report publicly available every five years. It must include:

· the state of the heritage area’s environment

· progress made towards achieving the objectives of the Act

· the funding implications of activities undertaken to achieve these objectives.

13. The Act identifies ‘heritage features’^{^[3]} which span ecosystems, landscapes and landforms, the subservience of the built environment to the area's natural and rural landscape, the past and present human culture of the heritage area, opportunities for wilderness experiences and recreation, the Waitākere Ranges Regional Park, and the water catchment and supply system.

14. The Act also identifies ‘objectives’ which include:

· Protection, restoration and enhancement of the heritage features

· Recognising and avoiding adverse or potential adverse cumulative, effects on the area’s environment, including amenity or its heritage features

· Avoiding any adverse effects of development, and maintaining diverse landscapes

· Future rural land use and rural character, social, economic, environmental and cultural well-being

· Managing ecosystems to protect and enhance indigenous habitat, landscape and amenity values

· Protection of those features of the area that relate to its water catchment and supply functions

· The intrinsic worth of the natural and historic resources of the Waitākere Ranges Regional Park for the benefit, use and enjoyment of the people of the Auckland region and New Zealand.

An extraordinary period of time

15. All activity has been assessed in the context of an extraordinary period of time for the heritage area. During 2017-2022, all or parts experienced or were affected by:

· 2018 and 2021: devastating flash floods, slips and damage to homes and infrastructure

· 2019/2020: a regional drought in which heritage area dam levels reached a historic low water level

· 2020/2021: periods of Covid-19 related public lockdowns with wide reaching effects on communities and on Council budgets

· 2018: closure of the forested areas of the Waitākere Ranges Regional Park (the regional park) as part of a precautionary approach to managing spread of kauri dieback disease

· 2021/2022: regional parks visitor counts increased to 1.282 million from 491,000 in 2011/2012.

16. These events have highlighted (amongst other things) the vulnerability of the roads, water-supply network, homes and communities to the effects of climate change related weather events

Tātaritanga me ngā tohutohu

Analysis and advice

17. The report summarises current progress towards achieving the objectives of the Act. It has been prepared with contributions from a wide range of sources from across council departments, mana whenua, Watercare, AT, DoC, public media, and heritage area communities. A six-week public consultation sought views on the heritage area over October and November 2022, and that feedback also informed the report.

18. A range of legislation, statutory plans and documents apply to, and guide the management of the heritage area. This framework directly influences the ways in which activities are identified, managed and reported. Management functions and activities include environmental programmes, management of the built and natural environment, community and cultural assets and community partnerships.

19. The report is primarily based on the analysis of existing data from separate technical and non-technical reports, plans, and other sources of quantitative and qualitative information. It does not attempt to duplicate other reports nor re-evaluate their conclusions. Where possible, comparisons have been made with the 2018 monitoring report. It presents descriptions of management and monitoring activities, as well as case studies which contribute to a better understanding of the heritage area as it was at the end of 2022.

20. The Act also provides for Deeds of Acknowledgement to be agreed between the mana whenua groups, Te Kawerau ā Maki and Ngāti Whātua, and the Crown or Council. As yet, these have not been agreed, although a process to do so is now in its early stages.

21. See Attachment A for the full list of heritage features and objectives. See Attachment B for conclusions and a summary of changes since 2017. See attachment C for the complete 2023 monitoring report.

Funding implications of activities undertaken to achieve the outcomes of the Act

22. The heritage area does not have an overarching budget, governance or management programme. This means that it is sometimes a challenge to understand the nature and extent of expenditure within the heritage area. Council and local board budgeting decisions are made for both heritage area wide and specific sites, and these are integrated within the budgets of the appropriate departments.

Report conclusions

23. In general there has been positive progress towards achieving the outcomes of the Act. The monitoring report notes that the success (or otherwise) of some activities is subject to differences in viewpoint and that achievement of one objective does not always assist in achieving others.

24. Residents are passionate about where they live in the heritage area, regardless of their knowledge of the Act. They appreciate the unique landscapes and coastlines, alongside participating in social and community stewardship activities (arts, environment, history, community services) and volunteering.

25. Consultation for the monitoring report indicated that some people remain concerned about the ongoing effects of weeds and animal pests on the natural environment. Other concerns included the effects of visitors on the heritage area’s infrastructure, track closures and local quality of life (but noting that visitors contribute to the heritage area economy). The long-term approach taken to manage the kauri dieback response continues to cause frustration for some communities and recreational users.

26. There has been only minor change in the general condition and character of landforms and landscapes since 2017, indicating that Auckland Unitary Plan provisions continue to be effective. Only minor or very minor negative changes were found within individual landscape units, and many examples of positive outcomes and changes were observed.

27. Subdivision has continued, although at a reduced rate. Fewer new land parcels are being created, although there is continued residential development throughout the heritage area. This is because of both historically and recently subdivided land parcels are now being built upon, alongside renovation and extensions to existing dwellings. Development pressures on the eastern foothills of the heritage area are affecting the rural character along that heritage area boundary in some places.

28. Land disturbance is an emerging risk. Extreme weather events have contributed to increased erosion and instability in the landscape. Aerial imagery from early 2022 detected more than 150 landslides across the regional park that were not visible in 2017. These events often affect roads and can damage houses on, or close to the hillsides. Existing instability can also cause landslides to occur unexpectedly, while activities that exacerbate land disturbance (such as vegetation removal and earthworks) can contribute to increased erosion, siltation in coastal areas and river and stream systems, and instability in the landscape.

29. The landscape has undergone a period of significant change in relation to the management of kauri dieback, and the distribution of the kauri dieback pathogen is now localised to areas on the periphery of the park. While these areas still present a risk of spread to other catchments, it is not as widespread as previously thought. This supports the continuation of strategies to slow or stop the spread of Phytophthora agathidicida within the relevant parts of the heritage area.

30. During the monitoring period, storm damage created a number of slips across the roading network in the Heritage Area. In recent years the budget for regional transport funding for roading in the heritage area has been steadily reduced

31. In the regional park, total visitor counts of 491,000 in 2011/12 has increased to 1.282 million in 2021/2022. A similar increase had been seen in the decade before this, and the trend is likely to continue.Issues arising from this include high levels of congestion at particular car parks, on tracks, and at popular destinations like coastal beaches and waterfalls, particularly at peak times. The track reopening programme has made progress in opening up closed tracks to residents and visitors. Track upgrades have increased track capacity, while safeguarding the surrounding environment.

State of the environment

32. Monitored vegetation ecosystems have demonstrated patterns of growth consistent with regeneration. While there have been improvements in biodiversity, these rely on continued and active animal and weed pest management of those areas by council and community groups.

33. Weed and animal pest management programmes continue to focus on restricting spread of these threats into the more 'pristine' areas of the regional park. As a result, pest plant and predator management activities are prioritised in regional and local work programmes. These programmes complement, and are complemented by, the contributions of numerous volunteers from across the heritage area

Tauākī whakaaweawe āhuarangi

Climate impact statement

34. The monitoring report takes place in the context of an extraordinary period of time for the heritage area, with drought, flash floods, slips and damage to homes and infrastructure between 2017 and 2022. Flash flooding in 2018 and 2021 affected coastal and foothills areas. Roads, homes and other buildings were destroyed. Unprecedented restrictions were put on water use in April 2019 after two of the driest summers on record. The five heritage area dams reached a historic low.

35. Increasing numbers of high-magnitude rainfall events induced by a changing climate, such as those events in late 2021, triggered shallow landslides in the heritage area’s indigenous forests. The increasing number of landslides visible on the road and through the regional park has the potential to cause losses to habitat and are risk areas for pest incursions. Landslides have also damaged road infrastructure and homes. They may also affect the water supply and cause sediment inputs into freshwater environments.

36. The Auckland Plan 2018 recognises climate change may affect sea levels along the Tasman Sea coastal areas and the Manukau Harbour, including water quality runoff and effects from sediments. Coastal erosion is also a threat to the cultural heritage sites along the coast, including a number of historic pa sites around the bays at Te Henga, Anawhata, Piha, Karekare, Pararaha and Whatipu.

37. The number of very high and extreme fire danger days is expected to increase. Water supply catchment land in the heritage area is vulnerable to the effects of wildfire, and Watercare anticipates the potential impact on water quality within the catchments from wildfire events to be severe.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

38. Monitoring helps to assess the ongoing effect of Council and CCO group activities in the heritage area and may be used to inform decision-making in the context of the long-term plan (10-year budget) and Annual Plan (annual budget). AT and Watercare have provided information and context relating to the scope of their activities, and this is referred to where relevant. Other departments such as Resource Consents, Parks, Infrastructure and Environmental Services, RIMU, Healthy Waters and Community Facilities have provided input where required.

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

Local impacts and local board views

39. The Waitākere Ranges Local Board maintains its keen interest in all matters associated with the heritage area. The local board acts as one of the advocates for the heritage area and contributes to council’s policy and operational decisions about how to manage the heritage area. There has been a series of workshops with the local board to assist local board members to understand and contribute to the findings of the monitoring report. These covered purpose, scope, landscape and consenting assessments and the environmental monitoring programme.

40. The Waitākere Ranges Local Board generally endorsed the monitoring report at its 25 May 2023 meeting and resolved that it be referred to this committee for approval. The relevant resolutions from the Waitākere Ranges Local Board meeting are as follows:

a) generally endorse the Waitākere Ranges Heritage Area Five-year Monitoring Report 2022 and refer the report to the Planning, Environment and Parks Committee for approval.

...

c) tono / request that the Governing Body and Senior Managers strongly consider the Waitākere Ranges Heritage Area Five-year Monitoring Report 2022 and its findings during the development of the 2024-2034 Long-term Plan.

Resolution number WTK/2023/57

Tauākī whakaaweawe Māori

Māori impact statement

41. The Act provides for ‘Deeds of Acknowledgement’ to be agreed between the mana whenua groups, Te Kawerau ā Maki and Ngāti Whātua, and the Crown or Council. A deed’s purpose is to identify opportunities for contribution by mana whenua to the management of the heritage area by the Crown or Council. As yet, deeds have not been agreed, although a process to do so is now in its early stages.

42. The purpose of a deed of acknowledgement is defined in the Act as:

· to acknowledge the particular historical, traditional, cultural, or spiritual relationship of tangata whenua of the heritage area, namely Ngāti Whātua and Te Kawerau ā Maki, with any land in the heritage area

· to identify opportunities for contribution by mana whenua to the management of the heritage area by the Crown or Council.

43. Throughout the monitoring period, opportunities for mana whenua to contribute to monitoring and management activities have been identified on a case-by-case basis. Te Kawerau ā Maki and Council collaborated to produce the 2021 Waitākere Ranges kauri population health monitoring survey / Te Rangahau Aroturuki i ngā Rākau Rangatira o Te Wao Nui ā Tiriwa, which informs the monitoring report.

Ngā ritenga ā-pūtea

Financial implications

44. There are no direct financial implications associated with this monitoring report. The Waitākere Ranges Local Board, the Governing Body, AT and Watercare may wish to use the findings in the monitoring report as information that helps to inform future financial decisions.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

45. There are no risks associated with approving the Waitākere Ranges Heritage Area Five-year Monitoring Report 2023.

Ngā koringa ā-muri

Next steps

46. The 2023 five-year monitoring report will be published on the Council’s website.

47. The 2028 five-year monitoring report will cover the period from 1 July 2022 to 30 June 2027, and preparation of that will begin in the 2027 calendar year.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇨	Heritage features and objectives of the Act
b ⇨	Summary of conclusions and changes since the 2018 report
c ⇨	Complete Waitakere Ranges Heritage Area Five Year Monitoring Report 2017-2022

Ngā kaihaina

Signatories

Author

Eryn Shields - Team Leader Regional, North West and Islands

Authorisers

John Duguid - General Manager - Plans and Places

Megan Tyler - Chief of Strategy

Planning, Environment and Parks Committee

29 June 2023

Auckland Unitary Plan - Making operative Private Plan Change 76 - Kohe in eastern Pukekohe

File No.: CP2023/06516

Te take mō te pūrongo

Purpose of the report

1. To make operative Private Plan Change 76 Kohe (Plan Change 76) to the Auckland Unitary Plan (Operative in Part) (AUP).

Whakarāpopototanga matua

Executive summary

2. Plan Change 76 is a private plan change request to rezone approximately 30.61 hectares of land in eastern Pukekohe from Future Urban Zone to Residential – Mixed Housing Urban (MHU) Zone. The plan change also sought to add a new precinct (Pukekohe East-Central Precinct) and a new Significant Ecological Areas (SEA) Overlay.

3. Plan Change 76 was publicly notified on 26 May 2022 and 12 submissions and five further submissions were received.

4. The hearing on Plan Change 76 was held on 29 and 30 November 2022 and the decision by a panel of Independent Hearing Commissioners to approve Plan Change 76 (Decision) was notified on 23 March 2023. The commissioners were delegated authority to make this decision. The appeal period closed on 9 May 2023. No appeals were lodged to the Decision.

5. The Decision clearly sets out the reasons for approving Plan Change 76.

6. The relevant parts of the AUP can now be amended to make Plan Change 76 operative in accordance with the hearing commissioners’ Decision (and included in Attachments A, B and C of the agenda report).

Ngā tūtohunga

Recommendation/s

That the Planning, Environment and Parks Committee:

a) whakaae / approve Private Plan Change 76 to the Auckland Unitary Plan (Operative in Part) under clause 17(2) of Schedule 1 of the Resource Management Act 1991 as set out in Attachments A, B and C to the agenda report

b) tono / request staff to complete the necessary statutory processes to publicly notify the date on which the plan change becomes operative as soon as possible, in accordance with the requirements in clause 20(2) of Schedule 1 of the Resource Management Act 1991.

Horopaki

Context

Plan Change 76

7. Plan Change 76 to the AUP is a private plan change request from Aedifice Development No.1 Limited which relates to approximately 30.61 hectares of land in eastern Pukekohe. The plan change area is bounded by East Street to the north, Golding Road to the east, Ngahere Road to the west and Birch Road and rural/ residential blocks to the south.

8. The plan change sought to rezone the land from Future Urban Zone to MHU Zone, and to add a new precinct and add a new Significant Ecological Area (SEA) Overlay.

9. The plan change was publicly notified 26 May 2022, and twelve submissions and five further submissions were received.

10. A hearing was held on the plan change on November 29 and 30, 2022. The hearing was conducted by Independent Hearing Commissioners who were given full delegation to decide on the plan change.

11. The Decision to approve (with modifications) the plan change was notified 23 March 2023.

12. The Decision on the plan change amends the AUP by:

· rezoning land from Future Urban Zone to Residential - Mixed Housing Urban Zone

· adding a new precinct – the Pukekohe East-Central Precinct

· adding a new significant ecological area (SEA) to the SEA Overlay – terrestrial.

13. Maps showing the area to be rezoned, the new precinct and the new SEA Overlay are in Attachments B and C of this report.

14. The purpose of the precinct is to provide for comprehensively planned residential development in a way that supports a quality compact urban form, and includes provisions related to:

· stormwater and water quality

· stream riparian margins and wetland buffers

· a new significant ecological area

· transport network including indicative roads, walking and cycling; triggers for when infrastructure upgrades will be required; vehicle access and road widening

· road noise attenuation.

15. The appeal period for the plan change Decision closed on 9 May 2023, and no appeals were received. Therefore the plan change can now be made operative and the relevant parts of the AUP amended as set out in the Decision^{^[4]} and included in Attachments A, B and C of this report.

Medium Density Residential Standards

16. Sections 77G and 80E of the Resource Management Act 1991 (RMA) requires the council to incorporate into the AUP, the medium density residential standards (MDRS) contained in Schedule 3A of the RMA using an intensification planning instrument (IPI). Plan Change 78 Intensification is the council’s IPI.

17. When Plan Change 78 was notified on 18 August 2022, a decision had not been made on Plan Change 76 and the area was still zoned Future Urban Zone. This area was therefore not included in Plan Change 78 as it was considered outside the urban environment.

18. Once Plan Change 76 is operative the council will need to consider whether it needs to undertake a variation to Plan Change 78, to incorporate the MDRS into the Pukekohe East-Central Precinct. Consideration of whether a variation is needed will be undertaken by staff within the Plans and Places department after Plan Change 76 becomes operative. If such a variation is required, this will be brought to the Planning, Environment and Parks Committee at a later date.

Tātaritanga me ngā tohutohu

Analysis and advice

19. Schedule 1 of the Resource Management Act 1991 (RMA) sets out the statutory process for plan changes.

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

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

Tauākī whakaaweawe āhuarangi

Climate impact statement

22. As a procedural step, impacts on climate change are not relevant to the recommendation to approve Plan Changes 76.

23. While this report is procedural only it is noted that the plan change will provide for residential development in a location and in a manner that encourages walking, cycling and the use of public transport.

24. The plan change area is relatively close to public transport systems (the train station) and the Pukekohe town centre, as well as current and proposed employment nodes. The precinct plan includes indicative pedestrian and/or cycle paths. The precinct provisions also include triggers for transport infrastructure requirements, such as upgrades to specific roads to provide better pedestrian and cycle access.

25. Proximity to the train station and Pukekohe town centre, combined with the provision of pedestrian and cycle access and connections will help to limit the number of private vehicle kilometres travelled and therefore greenhouse gas emissions.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

26. As a procedural step, there are no council group impacts associated with the approval of Plan Change 76, therefore no views from the council group were sought.

27. Through the plan change process input from the council group was sought, including Parks and Healthy Waters. Auckland Transport and Watercare both submitted on the plan change.

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

Local impacts and local board views

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

29. While this report is procedural only it is noted that the Franklin Local Board provided its views on the proposed plan change at its 23 August 2022 business meeting. Overall, the local board did not object to the proposed plan change but did make a number of recommendations and comments.

30. The local board’s recommendations and comments related to a variety of matters including water management and transport infrastructure and the responsibility of the developer; the location of proposed roads; the proposed Significant Ecological Area; and riparian margins.

31. These local board views were included in the council’s hearing report and were considered in the Decision on the plan change.

Tauākī whakaaweawe Māori

Māori impact statement

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

33. While this report is procedural only it is noted that mana whenua have had several opportunities to be involved in the plan change process.

34. The plan change applicant advised they sent a letter to all relevant iwi before the plan change was notified, giving iwi the opportunity to provide feedback on the proposed plan change. In response to this it is understood that Ngāti Tamaoho prepared a cultural values assessment and Ngāti Te Ata prepared a cultural impact assessment for the proposed plan change.

35. After this Ngāti Tamaoho and Ngāti Te Ata requested that their assessments were not to be included as part of the notified plan change. Instead these assessments should be used in later resource consent processes when it was expected these iwi will be further consulted.

36. When the plan change was publicly notified, Auckland Council sent letters to iwi authorities notifying them of the plan change. No submissions were received from iwi authorities.

Ngā ritenga ā-pūtea

Financial implications

37. Approving plan changes and amending the AUP is a statutory requirement and is budgeted expenditure for the Plans and Places Department.

38. As a private plan change costs associated with processing the plan change, including making it operative, are cost recoverable from the applicant who requested the private plan change.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

Ngā koringa ā-muri

Next steps

40. The final step in making Plan Change 76 operative is to publicly notify the date on which the plan change will become operative, and to the update the AUP.

41. Plans and Places staff will undertake the actions required under Schedule 1 of the RMA to make Plan Change 76 operative, including the public notice and seals.

42. Once Plan Change 76 is made operative Plans and Places will consider whether a Variation to Plan Change 78 is required to amend the Pukekohe East-Central Precinct. Plan Change 78 is the council’s intensification plan change.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇨	Pukekohe East-Central Precinct
b ⇨	Zone map
c ⇨	SEA Overlay

Ngā kaihaina

Signatories

Author

Katrina David - Senior Policy Planner

Authorisers

John Duguid - General Manager - Plans and Places

Megan Tyler - Chief of Strategy

Planning, Environment and Parks Committee

29 June 2023

Auckland Unitary Plan - Making operative Private Plan Change 55 - Patumahoe South

File No.: CP2023/07709

Te take mō te pūrongo

Purpose of the report

1. To make Private Plan Change 55 – Patumahoe South to the Auckland Unitary Plan (Operative in Part) operative.

Whakarāpopototanga matua

Executive summary

2. Plan Change 55 – Patumahoe South (PC55) to the Auckland Unitary Plan (Operative in Part) is a private plan change request that:

· Rezones approximately 19.4ha of land on the southern side of Patumahoe township from Rural Production Zone and Strategic Transport Corridor Zone to Residential – Single House Zone and Business – Light industry Zone, and

· Applies I430 Patumahoe Precinct provisions to the land, creating new sub precinct E (approximately 22ha).

3. The hearing of submissions on PC55 was held on 24 and 25 January 2022. The decision approving PC55 was notified on 26 May 2022.

4. There was one appeal to the decision. A Consent Order from the Environment Court was issued on 9 June 2023: [2023] NZEnvC 119.

5. The relevant parts of the Auckland Unitary Plan (Operative in Part) can now be amended to make PC55 operative as modified by the Consent Order. Text and diagrams showing the changes to the Auckland Unitary Plan (Operative in Part) are included as Attachments E and F of the agenda report.

Ngā tūtohunga

Recommendation/s

That the Planning, Environment and Parks Committee:

a) whakaae / approve Private Plan Change 55 to the Auckland Unitary Plan (Operative in Part) under clause 17(2) of Schedule 1 of the Resource Management Act 1991 as set out in Attachments E and F of the agenda report

b) tono / request staff to complete the necessary statutory processes to publicly notify the date on which Private Plan Change 55 becomes operative as soon as possible, in accordance with the requirements in clause 20(2) of the Resource Management Act 1991.

Horopaki

Context

6. PC55 was a private plan change lodged on 15 October 2019 on behalf of Askew Consultants Limited. It was accepted by the Council under clause 25(2)(b) of Schedule 1 to the Resource Management Act 1991 on 1 October 2020. In accepting the private plan change, the (then) Planning Committee requested staff to prepare a submission opposing the private plan change on various grounds, including the impact on availability of highly productive soils.

7. The private plan change was publicly notified on 22 October 2020 and 45 submissions were received. A total of 10 further submissions were received during the further submission period.

8. PC55 as notified sought to rezone approximately 34.5ha of land. The request was reduced in scope from 34.5ha to approximately 19.4ha, with an amended application being submitted on 6 August 2021. The reduced area of land subject to the private plan change, together with a number of other factors, led the Council’s soil expert to conclude that while the loss of land containing a small area of elite soil and prime soil will contribute to the ongoing fragmentation of productive land in the Auckland region, given the size and non-contiguous distribution of the site’s elite and prime soils this loss is not significant with regard to the region’s productive soils. The hearings panel agreed with this conclusion. A more detailed discussion on this matter can be found on pages 6 and 7 of the decision (see Attachment A).

9. The amended proposal sought to rezone land on the southern side of the Patumahoe Township from Rural Production Zone and Strategic Transport Corridor Zone to Residential – Single House Zone and Business – Light Industry Zone; and applied I430 Patumahoe Precinct provisions to the land, with amendments to include specific precinct provisions to address landscape, staging, and stormwater issues resulting from the plan change.

10. The hearing was held via Microsoft Teams on 24 and 25 January 2022. The hearing was conducted by Independent Hearing Commissioners who were given full delegation to make a decision on PC55.

11. The decision approving PC55 was notified on 26 May 2022. Two amendments to the decision relating to minor errors were notified on 17 June 2022 and 12 August 2022 pursuant to clause 16 of Schedule 1 to the Resource Management Act 1991.

12. One appeal was lodged by Barry Stephens (owner of 75 Patumahoe Road). Auckland Transport, Michael Graeme Weck, and Judith and Scott Gavin were also parties to the appeal pursuant to Section 274 of the Resource Management Act 1991.

13. The Consent Order introduces a precinct standard in relation to a no complaints covenant if the poultry sheds at 75 Patumahoe Road are lawfully operating and not if they are discontinued. This is a change from the Council’s decision which referred to the poultry sheds more generally and left the method of a no complaints covenant to Council’s discretion.

Tātaritanga me ngā tohutohu

Analysis and advice

14. Schedule 1 of the Resource Management Act 1991 sets out the statutory process for plan changes.

15. Clause 17(2) states that a local authority may approve part of a policy statement or plan, if all submissions or appeals relating to that part have been disposed of. As an Environment Court Consent Order relating to the appeal to the plan change has been received, the council can now approve the plan change.

16. Clause 20 of Schedule 1 sets out the process that is required to be undertaken for the notification of the operative date. Staff within the Plans and Places department will notify the operative date as soon as possible following the Planning, Environment and Parks Committee’s resolution.

Tauākī whakaaweawe āhuarangi

Climate impact statement

17. As a procedural request, impacts on climate change are not relevant to this recommendation.

18. That having been said, in terms of increases in greenhouse gas emissions, it is acknowledged that providing additional opportunities for housing in rural settlements such as Patumahoe, which are not well-served by public transport, may result in an increase in trips by private vehicle, and therefore an increase in greenhouse gas emissions relative to a no growth in rural settlement scenario. However, the Regional Policy Statement chapter of the Auckland Unitary Plan acknowledges there are benefits of enabling some growth of existing rural settlements (subject to various factors), particularly when contrasted with an alternative scenario of greater fragmentation of general rural land that is more distant from local amenities, with an even greater vehicle emissions profile.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

19. As a procedural request, no views are being sought from any council department.

20. Auckland Transport and Auckland Council did make submissions on the plan change. As a Section 274 party, Auckland Transport attended Environment Court mediation which resulted in a settled Consent Order.

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

Local impacts and local board views

21. The views of the Franklin Local Board were sought on the private plan change following lodgement of the request. The local board expressed concerns about impacts on high quality soils and infrastructure, matters that were considered in detail during the course of the hearing.

22. Local board views were not sought for this report as making a plan change operative is a procedural matter.

Tauākī whakaaweawe Māori

Māori impact statement

23. The hearing panel in its decision, acknowledged that the plan change was publicly notified on 22 October 2022 following a feedback process involving Iwi, as required by Section 4A of the Resource Management Act 1991.

24. Ngāti Tamaoho and Ngati Te Ata Waiohua provided Cultural Values Assessments which were publicly notified. Te Aakitai Waiohua provided a Cultural Values Assessment in July 2021. The private plan change includes provisions that refer to the protection and enhancement of the cultural, spiritual and historic values and relationships of Mana Whenua to the land.

25. Te Aakitai Waiohua lodged a submission on the plan change but did not appeal the Council’s decision.

Ngā ritenga ā-pūtea

Financial implications

26. Approving plan changes and amending the Auckland Unitary Plan (Operative in Part) is a statutory requirement and is a budgeted expenditure for the Plans and Places department.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

27. There are no risks associated with making PC55 operative.

Ngā koringa ā-muri

Next steps

28. The final step in making the plan change operative is to publicly notify the date on which it will become operative, and to update the Auckland Unitary Plan (Operative in Part).

29. Plans and Places staff will undertake the actions required under Schedule 1 of the Resource Management Act 1991 to make PC55 operative.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇨	PC55-Decision
b ⇨	PC55-Decision-Reissued-2022-06-17
c ⇨	clause-16-pc-55
d ⇨	[2023]NZEnvC 119 Stephens v Auckland Council
e ⇨	PC55 draft operative version AUP precinct I430 Jun 2023
f ⇨	Plan Change 55 Patumahoe South Zoning for operative version

Ngā kaihaina

Signatories

Author

Joy LaNauze - Senior Policy Planner

Authorisers

John Duguid - General Manager - Plans and Places

Megan Tyler - Chief of Strategy

Planning, Environment and Parks Committee

29 June 2023

Summary of Planning, Environment and Parks Committee information memoranda, workshops and briefings (including the Forward Work Programme) - 29 June 2023

File No.: CP2023/06763

Te take mō te pūrongo

Purpose of the report

1. To tuhi ā-taipitopito / note the progress on the forward work programme appended as Attachment A.

2. To whiwhi / receive a summary and provide a public record of memoranda, workshop and briefing papers that may 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 memoranda/workshops and briefings or other means, where no decisions are required.

4. As noted previously decisions on the Annual Budget may well affect the forward work programme. The work programme underpinning the long-term scope of work as a result of the flooding events will also mean that this work programme will need to be reprioritised and updated. Items raised at committee where work continues, as well as items from departmental work programmes, are being worked through and in coming iterations will be highlighted on the forward work programme as appropriate.

5. The following memoranda/information have been sent:

Date	Subject
25/5/2023	Albert-Eden Local Board – Notice of Motion – Chairperson Watson – Ensuring protection of our city’s heritage assets. For transparency, the board’s resolutions can be accessed here
31/5/2023	Resilient Auckland Responsiveness Action Briefing No. 1: Review of the council’s approach to PC78 and review of the scope of the coastal hazards plan change in response to Auckland Anniversary floods and Cyclone Gabrielle events
2/6/2023	Resilient Auckland Responsiveness Action Briefing No. 2: legal briefing on council’s liability as it relates to flooding risk and decisions made under the Resource Management Act – confidential (no attachment)
7/6/2023	Memorandum - Memo - Voices of Children and Young People in Tāmaki Makaurau
7/6/2023	Resilient Auckland Responsiveness Action Briefing No. 3: summary of council communications material regarding water-related hazard risk
7/6/2023	Resilient Auckland Responsiveness Action Briefing No. 4: summary of the legislative and strategic framework that applies to council’s role in identifying and managing water-related natural hazard risk
7/6/2023	Resilient Auckland Responsiveness Action Briefing No. 5: Council’s approach to consenting inside known hazard zones, including summary of live Central Government Housing developments in known hazard zones (no attachment) – video available on NEXUS
7/6/2023	Resilient Auckland Responsiveness Action Briefing No. 5: council requirements and guidance related to detention tanks – (no attachment) - video available on NEXUS
7/6/2023	Resilient Auckland Responsiveness Action Briefing No. 6: economic and socioeconomic impacts of severe weather events
7/6/2023	Resilient Auckland Responsiveness Action Briefing No. 7: climate change scenarios, projections, and potential impacts for the Auckland region, including understanding of how impacts could have been more severe through risk factors like high tide and storm surges (no attachment) – video available on NEXUS
7/6/2023	Resilient Auckland Responsiveness Action Briefing No. 8: key trade-offs, (e.g., climate adaptation, climate mitigation, social, economic, and environmental), framework and examples to help guide staff advice and decision-making (Phases two and three) (no attachment) – video available on NEXUS
20/6/2023	Memorandum – FIFA Women’s World Cup 2023 - Tāmaki Makaurau Auckland Host City update

6. The following workshops/briefings have taken place for the committee:

Date	Subject
21/6/2023	Mahi Tahi Tatou: Resilient Auckland - regulatory and non-regulatory pathways forward – confidential (no attachment)

7. These documents can be found on the Auckland Council website, at the following link:
http://infocouncil.aucklandcouncil.govt.nz/

o at the top left of the page, select meeting/te hui “Governing Body” from the drop-down tab and click “View”;

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

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

Ngā tūtohunga

Recommendation/s

That the Planning, Environment and Parks Committee:

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

b) whiwhi / receive the Summary of the Planning, Environment and Parks Committee information memoranda, workshops and briefings – 29 June 2023.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇨	Planning, Environment and Parks Commitee - Forward Work Progrmame
b ⇨	Resilient Auckland Responsiveness Briefing 1 Natural Hazards and Plan Change 78, 31 May 2023 (Under Separate Cover)
c ⇨	Albert-Eden Local Board – Notice of Motion – Chairperson Watson – Ensuring protection of our city’s heritage assets, 25 May 2023 (Under Separate Cover)
d ⇨	Memorandum - Memo - Voices of Children and Young People in Tāmaki Makaurau. 7 June 2023 (Under Separate Cover)
e ⇨	Resilient Auckland Responsiveness Action Briefing No. 3: summary of council communications material regarding water-related hazard risk (Under Separate Cover)
f ⇨	Resilient Auckland Responsiveness Action Briefing No. 4: summary of the legislative and strategic framework that applies to council’s role in identifying and managing water-related natural hazard risk (Under Separate Cover)
g ⇨	Resilient Auckland Responsiveness Action Briefing No. 6: economic and socioeconomic impacts of severe weather events (Under Separate Cover)
h ⇨	Memorandum – FIFA Women’s World Cup 2023 - Tāmaki Makaurau Auckland Host City update, 20 June 2023 (Under Separate Cover)

Ngā kaihaina

Signatories

Author	Sandra Gordon - Kaitohutohu Mana Whakahaere Matua / Senior Governance Advisor
Authoriser	Megan Tyler - Chief of Strategy

[1] Above average rainfall and soil moisture conditions in 2022/23 compounded flooding. High river flow and groundwater levels contributed to landslides and land instability.

[2] The impact of unprecedented weather events on the heritage area in January and February 2023 are acknowledged, but outside this monitoring period.

[3] See Appendix A for the complete heritage features and objectives of the act

[4] A Clause 16 amendment was made 4 April 2023 to the precinct provisions included in the notified Decision to correct a minor error.

Chairperson	Cr Richard Hills
Deputy Chairperson	Cr Angela Dalton
Members	IMSB Member Edward Ashby	Cr Mike Lee
	Cr Andrew Baker	Cr Kerrin Leoni
	Cr Josephine Bartley	Cr Daniel Newman, JP
	Mayor Wayne Brown	Cr Greg Sayers
	Cr Chris Darby	Deputy Mayor Desley Simpson, JP
	Cr Julie Fairey	Cr Sharon Stewart, QSM
	Cr Alf Filipaina, MNZM	Cr Ken Turner
	Cr Christine Fletcher, QSO	Cr Wayne Walker
	Cr Lotu Fuli	Cr John Watson
	IMSB Member Hon Tau Henare	Cr Maurice Williamson
	Cr Shane Henderson