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Resolution
number PEPCC/2023/120
MOVED by Cr G Sayers, seconded by Cr A Baker:
That
the Planning, Environment and Parks
Committee:
a) whakaae
/ agree not to reject the private plan change request by KA Waimanawa Limited
Partnership and Stepping Towards Far Limited (included as Attachments A to C
of the agenda report) under clause 25(4) of Schedule 1 of the Resource
Management Act 1991, on the basis that:
i) the
grounds to reject a private plan change request under clause 25(4) of
Schedule 1 are limited and:
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 and given effect to, or
rejected, by the Council or the Environment Court. within the last two years.
D) having
regard to relevant case law, at a coarse level of assessment, the requested
plan change is not contrary to sound resource management practice.
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 the KA Waimanawa Limited
Partnership and Stepping Towards Far Limited, included as Attachment A to C,
pursuant to clause 25(2)(b) Schedule 1 Resource Management Act 1991, and
having particular regard to the applicants section 32 evaluation report for
the following reasons:
i) the
applicant’s section 32 evaluation report considers different options
and concludes that the proposed rezoning of land along with the application
of two precincts is the most appropriate way to achieve the purpose of the
Resource Management Act 1991.
ii) accepting
the private plan change request enables the matters raised by the private
plan change request and the matters raised in the coarse level assessment to
be considered in detail, during a public participatory planning
process.
iii) it
is inappropriate to adopt the private plan change. The private plan
change proposal is not a matter under consideration in council’s policy
work programme. The private plan change does not address a gap in the
Auckland Unitary Plan (Operative in Part) 2016, introduce a new policy
direction, nor does the private plan change have broad application by seeking
to change provisions that apply across the region. The proposed changes
are specific to the site and their appropriateness requires a full and
detailed assessment through the notification and submission process. The
applicant did not request that the council adopt the private plan change
request.
iv) it
is not appropriate to deal with the private plan change as if it was a
resource consent application because the extent of land covered, and the
development processes involved in urbanisation at the scale proposed is well
beyond the scope of a consentable resource consent application in the Future
Urban Zone. A resource consent would also require considerably more
detail which is not appropriate to require at this stage in the development
of the affected land.
v) the
applicant requested that the council notify the private plan change request.
c) tautapa
/ delegate authority to the Manager Regional, North, West and Islands
Planning to undertake the required notification and other statutory processes
associated with processing the private plan change request by the KA
Waimanawa Limited Partnership and Stepping Towards Far Limited pursuant to
Schedule 1 to the Resource Management Act 1991.
d) tono
/ request staff to prepare a council submission on
this Private Plan Change, particularly focusing on infrastructure
requirements and funding, to be approved by the Chair, Deputy Chair and a
member of the Independent Māori Statutory Board.
CARRIED
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