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Resolution
number PEPCC/2024/5
MOVED by Cr A Baker, seconded by Chairperson R Hills:
That
the Planning, Environment and Parks
Committee:
a) whakaae / accept the private plan change request by OMAC Limited and Next Generation Properties
Limited as detailed in Attachments A, B and C to the agenda
report, pursuant to clause 25(2)(b) of Schedule 1 to the Resource Management
Act (RMA), for the following reasons:
i) The private plan change has been competently prepared, including a
section 32 evaluation report and a range of supporting technical reports and
responses to clause 23 further information requests. While there are
issues to be addressed, the request seeks a rezoning that is generally
consistent with the Pukekohe-Paerata Structure Plan.
ii) Accepting the private
plan change request will enable a range of matters to be considered on their
merits during a public participatory process.
iii) While
the private plan change request incorporates the Medium Density Residential
Standards (MDRS) as required by section 77G(1) of the RMA it is not appropriate to adopt the private plan change. The
proposal is generally consistent with the Pukekohe-Paerata
Structure Plan, however this is not an area the council has placed a high
priority on in respect of pursuing urban zonings at this time.
iv) The grounds to reject a private plan change request under
clause 25(4) are limited and, having regard to relevant case law the private
plan change request should not be rejected because:
A) The request is not frivolous. The Applicants have
provided supporting technical information and the private plan change has a
resource management purpose.
B) The request is not vexatious, and the Applicants are not
acting in bad faith by lodging the private plan change request.
C) Following other plan changes that have recently been
processed in this area there is an increasing base of knowledge about
potential infrastructure effects. Further, a coarse-grained assessment
of the request indicates that any issues can be addressed, for instance by
the adoption of appropriate plan change provisions supported by
infrastructure agreements, so it is not considered that the plan change is contrary
to sound resource management.
D) A coarse-grained assessment does not indicate that the
private plan change will make the Auckland Unitary Plan contrary to Part 5 of
the Resource Management Act.
E) The provisions of the Auckland Unitary Plan subject to
the private plan change request have been operative for at least two years.
v) 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. Rezoning cannot occur by way of a resource consent.
b) tautapa /
delegate authority to the Manager Central South Planning to undertake the
required notification and other statutory processes associated with
processing the private plan change request by OMAC Limited and
Next Generation Properties Limited pursuant
to Schedule 1 of the RMA.
c) tono / request staff to prepare a council
submission on this Private Plan Change, particularly focusing on
infrastructure requirements and funding, and how the MDRS provisions should
be incorporated, to be approved by the Chair, Deputy Chair and a member of
the Independent Māori Statutory Board.
CARRIED
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