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Policy and Planning Committee
10 December 2024
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Auckland Unitary
Plan - Making private plan change operative - Plan Change 88 (Beachlands South)
File No.: CP2024/19918
Te take mō te
pūrongo
Purpose of the report
1. To
make operative Private Plan Change 88 – Beachlands South to the Auckland
Unitary Plan (Operative in Part).
Whakarāpopototanga matua
Executive summary
2. Private
Plan Change 88: Beachlands South (Plan Change 88) is a private plan change
request by Beachlands South Limited Partnership (BSLP) to rezone approximately
307 hectares of Rural – Countryside Living zoned land, with a contiguous
boundary to the existing coastal settlement of Beachlands, to a variety of
urban zones and to Future Urban zone.
3. Plan
Change 88 also creates a new precinct, the Beachlands South Precinct, with
objectives, policies and rules that seek to deliver the outcomes sought by the
Plan change.
4. Plan
Change 88 was publicly notified on 26 January 2023 with the submission period
initially closing on 24 February 2023. This was later extended to close on 10
March 2023. There were 383 submissions received, including submissions by
Auckland Council and Auckland Transport. There were 12 further submissions
received.
5. The
decision by a panel of Independent Hearing Commissioners to approve Plan Change
88: Beachlands South with modifications, was initially publicly notified on 12
April 2024 but renotified with corrections on 23 April 2024.
6. The
appeal period closed on 27 May 2024. The decision was appealed by three parties
being Auckland Council (as submitter), Auckland Transport, and Whitford
Residents and Ratepayers Association. The three appeals were joined by a
number of section 274 parties.
7. The
parties engaged in discussions with regards to the matters raised in the
appeals and reached agreement that resolved all three appeals and all section
274 party interests in full. The agreement involved:
a) changes
to the provisions of the proposed Beachlands South precinct
b) a
Memorandum of Understanding between Whitford Residents and Ratepayers
Association, BSLP, Auckland Council (as submitter) and Auckland Transport
c) a
separate side agreement between BSLP, Auckland Council (as submitter) and
Auckland Transport.
8. The
parties filed a joint memorandum with the Environment Court in support of a
draft consent order/determination. The consent determination was issued by the
Environment Court on 28 November 2024 (Decision [2024] NZEnvC 307). The consent
determination orders that the Plan Change 88 provisions are amended in
accordance with Annexure B to the consent determination, and that the appeals
are otherwise dismissed.
9. As
the appeals on the Council’s Plan Change 88 decision have been resolved,
the Policy and Planning Committee can now approve Plan Change 88, and direct
staff to undertake the necessary steps to make Plan Change 88 operative.
Ngā tūtohunga
Recommendation/s
That the Policy and Planning
Committee:
a) whakaae
/ approve Private Plan Change 88 – Beachlands South to the Auckland
Unitary Plan (Operative in Part) as set out in Annexure B to the Plan Change 88
consent determination (Decision [2024] NZEnvC 307) at Attachment A of this
agenda report, under clause 17 of Schedule 1 of the Resource Management Act
1991.
b) tono
/ request staff to complete the necessary statutory processes to publicly
notify the date on which Private Plan Change 88 becomes operative as soon as
possible, in accordance with the requirements in clause 20(2) of Schedule 1 of
the Resource Management Act 1991.
c) tono
/ request staff to make consequential amendments to the Auckland Unitary Plan
in accordance with paragraph [41] of the Plan Change 88 consent determination
(Decision [2024] NZEnvC 307).
Horopaki
Context
10. Plan Change
88 involves a private plan change request by Beachlands South Limited
Partnership (Requestor) for approximately 307 hectares of land comprising 110
Jack Lachlan Drive; and 620, 680, 682, 702, 712, 722, 732, 740, 746, 758 and
770 Whitford-Maraetai Road, Beachlands, as shown in Figures 1 and 2 below.
11. Plan Change
88 sought to rezone approximately 307 hectares of Rural – Countryside
Living zoned land with a contiguous boundary to the existing coastal town of
Beachlands to a variety of urban zones and to Future Urban zone.
12. Plan Change
88 also creates a new precinct, the Beachlands South Precinct, with objectives,
policies and rules that seek to deliver the outcomes sought by the Plan change.
13. Plan Change
88 was publicly notified on 26 January 2023 with the submission period
initially closing on 24 February 2023. This was later extended to close on 10
March 2023. There were 383 submissions received, including submissions by
Auckland Council and Auckland Transport. There were 12 further submissions
received.
14. The week-long
hearing commenced on November 27, 2023. The decision by a panel of Independent
Hearing Commissioners to approve Plan Change 88 with modifications, was
initially publicly notified on 12 April 2024 but renotified with corrections on
23 April 2024. The Commissioners were delegated authority to make this
decision.
Figure 1 Plan Change Area
Figure 2 Existing AUP zoning – showing the private
plan change area and wider local area
Resolutions of Auckland Council in relation to Plan Change 88
15. There have
been a number of resolutions in relation to Private Plan Change 88: Beachlands
South, as follows:
a) Decision
to accept the private plan change request under clause 25 of Schedule 1, and to
notify the private plan change request for submissions, and to lodge an
Auckland Council submission on the private plan change request (Resolution
number PEPCC/2022/11) – on 8 December 2022.
b) Decision
to lodge an appeal, by the Auckland Council (as submitter) on the
Council’s decision to approve Plan Change 88 with modifications; (Resolution number PEPCC/2024/47) – on 23 May
2024, which provided:
That the Planning and Environment Committee:
a) tono / request staff to instruct the
council’s solicitors to lodge an appeal with the Environment Court
against the decision made by the council’s independent hearing
commissioners approving (with modifications) Private Plan Change 88 (PC88) with
a focus on the following:
i) there is a major shortfall in
the funding available for the infrastructure required to support PC88 and at
this stage there is no agreement regarding infrastructure funding and
financing.
ii. the decision version of PC88
includes provisions that are not robust enough to ensure the appropriate
integration of development and subdivision with the necessary infrastructure,
and as a result, there is a risk of poor urban development and transport outcomes
(including traffic safety issues) or funding having to be diverted from other
parts of the region
iii. the decision version of PC88 applies
a Future Urban Zone without sufficient assessment of the necessary
infrastructure and implications for funding and financing.
c) Decision
made to resolve the Council’s appeal by consent, in agreement with the
other parties to the appeal. Resolution number
PEPCC/2024/97 on 12 September 2024.
Plan Change as Notified
16. Plan
Change 88 as notified proposed both a variety of ‘live’ urban zones
and an area of Future Urban Zone as set out in Figure 3 below.
17. The FUZ area,
being the southern portion of land (147.58 hectares), lies to the south and
south/east of the Formosa Golf Course.
18. Plan Change
88 also creates a new precinct, the Beachlands South Precinct, with bespoke
objectives, policies and rules that seek to ensure that development can proceed
as envisaged and to ensure that any adverse environmental effects are
appropriately avoided, remedied or mitigated in accordance with the RMA.
19. The new
Beachlands South precinct is to replace the existing Whitford precinct (and
sub-precinct) provisions currently applicable to the private plan change area.
The request also sought to extend the Stormwater Management Area Flow 1 control
over the plan change area.
Figure
3 Proposed Rezoning in Plan Change 88 as notified
20. Plan Change
88 was publicly notified on 26 January 2023 with the submission period
initially closing on 24 February 2023. This was later extended to close on 10
March 2023. There were 383 submissions received, including submissions by
Auckland Council and Auckland Transport. There were 12 further submissions
received.
Council Hearing and amendments to the plan change request
21. A panel of
Independent Hearing Commissioners was delegated authority to hear and make the
decision on Plan Change 88. The week-long hearing commenced on November 27,
2023.
22. During the
hearing process, Beachlands South Limited Partnership made some amendments to
the plan change request in response to Council’s section 42A Hearing
Report and submitters’ concerns. These included:
a) An increase in the overall
area of Business zoned land by approximately 7 hectares (from around 25
hectares to around 32 hectares) with associated adjustments to residential and
open space land.
b) A decrease in the overall
area of Residential zoned land by approximately 3 hectares (from around 130
hectares to around 127 hectares).
c) Removal of the Open Space
Sport and Active Recreation zoned land (4.2 hectares), now proposed to be
Business – Mixed Use zone.
Amendments
to precinct plans including:
d) Removal of Stormwater
Management Area Flow 1 Control from the land to be rezoned to Future Urban
zone.
e) Precinct Plan 1 Additional
Controls and Overlays Plan to identify both Height Variation Control areas are
24m.
f) Precinct Plan 3
Structuring Elements to identify all elements are indicative and subject to
detailed design and investigation as part of the resource consent process.
g) Precinct Plan 4 Cultural
Landscape to confirm indicative location of archaeological sites.
h) Precinct Plan 5 Movement
Network to only apply to the proposed live zoned area of the plan change and
confirm indicative through routes to Whitford Maraetai Road.
i) Precinct Plan
6 Transport Staging and Upgrades to identify additional upgrades including the
intersection of Sommerville Road/Whitford Road/Point View Road and the Whitford
Bypass.
j) Various
amendments to the precinct provisions.
23. The final
version of the precinct provisions proposed were provided with the reply legal
submissions from BSLP. Figure 4 below shows the proposed AUP zoning as
presented at the hearing and in the reply legal submissions.
24. The reply
provisions also include a series of related precinct plans, one of which is a
plan depicting the proposed “EPAN” (Ecological Protected Area
Network). This is an area which totals 88.7 ha across both the proposed live
zone and Future Urban zone, and includes terrestrial revegetation and habitat
enhancement, vegetation buffers, native wetland enrichment planting, and
associated weed/pest control programmes.
Figure 4 Proposed Rezoning as
presented at the hearing
Commissioners’ Decision
25. The decision
by a panel of Independent Hearing Commissioners to approve Plan Change 88 with
modifications, was initially publicly notified on 12 April 2024 but renotified
with corrections on 23 April 2024.
Appeals
26. The appeals
period, following the public notification of the Plan Change 88 Decision,
closed on 27 May 2024. Three appeals were lodged with
Environment Court on the Plan Change 88 Decision.
27. Auckland
Council (in its capacity as a submitter on Plan Change 88), Auckland Transport,
and Whitford Residents and Ratepayers Association lodged appeals with the
Environment Court on 27 May 2024. Auckland Transport filed an amended appeal on
13 June 2024.
28. Auckland
Council (as submitter) appealed the entire Plan Change 88 Decision and raised
concerns relating to transport network constraints, potable water supply,
uncertainty around funding and delivering necessary infrastructure upgrades and
the proposed Future Urban zoned land.
29. Whitford
Residents and Ratepayers Association appealed the entire Plan Change 88
Decision but raised concerns primarily relating to potential adverse effects on
the character and amenity of Whitford Village, and the desire for the Whitford
Bypass to be constructed before implementation of Plan Change 88.
30. Auckland
Transport’s appeal did not oppose the urban-zoned portion of Plan Change
88 on the proviso that the issues and concerns raised in its appeal, which
(with the exception of the water supply issue) were similar to those raised in
the Auckland Council (as submitter) appeal, are addressed satisfactorily.
Auckland Transport’s appeal also opposed the Future Urban zone portion of
Plan Change 88.
31. Between 11
June 2024 and 18 June 2024, the following parties gave notice of their
intention to join the Appeals as interested parties under section 274 of the
RMA:
a) Auckland
Council (as submitter) (joined the AT and WRRA appeals)
b) Auckland
Transport (joined the WRRA and ACS appeals)
c) Whitford
Residents and Ratepayers Association (joined the ACS and AT appeals)
d) BSLP
(joined all three appeals)
e) The
Three Pines Trust (joined all three appeals)
f) Manukau
Quarries Limited Partnership (joined all three appeals).
Agreement Reached
32. The parties
engaged in discussions regarding the matters raised in the Appeals and reached
an agreement that resolved all three appeals and all s274 party interests in
full. A joint memorandum of all parties was lodged with the Environment
Court in support of a draft consent order/determination. The draft
consent order/determination set out the changes that had been agreed by all
parties in relation to the proposed Beachlands South Precinct (Agreed
Amendments).
33. The key
changes include those that respond to concerns raised in the Council’s
appeal on the Plan Change 88 decision:
a) Amendments to the precinct description to
confirm that a plan change to rezone the Future Urban zoned land will not be
lodged before 1 January 2032 to allow time for sufficient information to be
obtained to understand transport patterns from development within sub precincts
A-F.
b) Amendments
to the policies, rules and standards to ensure there is appropriate sequencing
to align development with the provision of services and infrastructure. In
particular, the agreed amendments ensure subdivision is coordinated and
integrated with transport, water supply and wastewater infrastructure.
c) Amendments
to the transport provisions to ensure integration within the development and
with the nearby transport network, and to provide greater certainty and clarity
in the expectations around the design and timing of the transport improvements
(such as road and ferry capacity upgrades) required to mitigate any effects on
the transport network arising from future development.
d) Amendments
to ensure that development (except for development on the land zoned
Residential – Large Lot Zone) must be serviced by a
‘reticulated’ water supply (which would exclude the use of water
tanks).
e) Amendments
to include Medium Density Residential Standards (MDRS) in the proposed precinct
provisions for any relevant residential zones, on the basis that the RMA still
requires the MDRS to be incorporated into relevant residential zones.
34. The Agreed
Amendments were attached as Annexure A (mark-up version against the Plan Change
88 Decision version) and Annexure B (clean version) to the draft consent order
presented to the Environment Court.
35. The
settlement also involved:
a) A
Memorandum of Understanding between Whitford Residents and Ratepayers
Association, BSLP, Auckland Council (as submitter) and Auckland Transport
(included at Attachment B to this agenda report)
b) A
separate side agreement between BSLP, Auckland Council (as submitter) and
Auckland Transport.
36. While
confidential, the side agreement represents relevant context for the settlement
reached between BSLP, Auckland Council (as submitter) and Auckland Transport.
As set out in the consent determination of the Environment Court at paragraph
[24], the side agreement has a number of elements including:
a) an
obligation by the developer to pay a road safety improvements contribution to
AT towards safety improvements on Whitford-Maraetai Road
b) a
commitment by the developer to pay a ferry services contribution to AT towards
the cost of improving ferry services at Pine Harbour
c) terms
dealing with the completion of key specified roading upgrades to the transport
network at the developer's cost
d) various
other terms relating to infrastructure funding and financing relating to the
development of the urban-zoned land.
Resolution of Environment Court appeals
37. On 28
November 2024, the Environment Court issued a consent determination (Decision
[2024] NZEnvC 307). The consent determination orders that the Plan Change 88
provisions are amended in accordance with Annexure B to the consent
determination, and that the appeals are otherwise dismissed. The consent
determination resolves the appeals in their entirety.
38. The agreed
amendments to the Beachlands South precinct provisions are set out in
paragraphs [25]-[40] of the consent determination.
39. As the
appeals on the Council’s decision on Plan Change 88 have now been
resolved in full, the Policy and Planning Committee can approve Plan Change 88
and direct staff to undertake the necessary steps to make Plan Change 88
operative as set out in Annexure B to the consent determination provided as
Attachment A of the agenda report.
40. It is also
recommended that the Policy and Planning Committee directs staff to make
consequential amendments to the Auckland Unitary Plan in accordance with
paragraph [41] of the Plan Change 88 consent determination (Decision [2024]
NZEnvC 307).
41. The consent
determination also records that BSLP had withdrawn its application to strike
out the appeal of Auckland Council.
Tātaritanga me ngā
tohutohu
Analysis and advice
42. Schedule 1 of
the Resource Management Act 1991 sets out the statutory process for plan
changes.
43. Clause 17(2)
of Schedule 1 of the RMA 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 on
Plan Change 88 and the appeals received on the Council’s decision on Plan
Change 88 have been resolved by the consent determination of the Environment
Court and thus disposed of. On this basis Plan Change 88 can now be approved
under clause 17 of Schedule 1 of the RMA.
44. Clause 20 of
Schedule 1 sets out the process that is required to be undertaken for the
notification of the operative date. Planning and Resource Consents Department
staff will notify the operative date of Plan Change 88 as soon as possible
following the Policy and Planning Committee’s resolution.
Tauākī whakaaweawe
āhuarangi
Climate impact statement
45. The
council’s climate goals as set out in Te Tāruke-ā-Tāwhiri:
Auckland’s Climate Plan:
· to
reduce greenhouse gas emissions to reach net zero emissions by 2050
· to
prepare the region for the adverse impacts of climate change.
46. The consent
determination Decision [2024] NZEnvC 307 does not specifically address climate
change matters, other than citing extracts from the planners’ affidavits
provided to the Court as part of the draft consent order documentation.
47. Consideration
of climate effects were part of the plan change process.
Ngā whakaaweawe me
ngā tirohanga a te rōpū Kaunihera
Council group impacts and views
48. Input from
Watercare, Auckland Transport, Healthy Waters and Parks Planning was sought
through the plan change process.
49. Watercare and
Auckland Transport submitted on the plan change.
50. Auckland
Council’s submission on Plan Change 88 addressed Healthy Waters and Parks
concerns.
51. As previously
discussed, appeals on the Plan Change 88 Decision were lodged by Auckland
Council (as submitter) and Auckland Transport.
Ngā whakaaweawe
ā-rohe me ngā tirohanga a te poari ā-rohe
Local impacts and local board views
52. While
this report is procedural only, it is noted that the Franklin Local Board
provided its views on Plan Change 88 at its August 2022
business meeting.
53. The
section 42A Hearing Report addressed the position of the Franklin Local Board
by reproducing a resolution passed by the Franklin Local Board at its August
2022 meeting.
54. The
resolution noted matters raised about road infrastructure, public transport,
water, ecology, visual impact, other infrastructure, provision for a high
school, economic benefit, and walkways and amenities.
55. The
Chair and another representative from the Franklin Local Board appeared at the
Council hearing on Plan Change 88 and spoke to these matters.
56. The local board views were included in the council’s section
42A hearing report and were considered in the Decision on the plan change. The
Chair of the Franklin Local Board was a member of the group delegated authority
by the Policy and Planning Committee to agree to the final settlement of the
Council’s appeal.
Tauākī whakaaweawe
Māori
Māori impact statement
57. As part of
the preparation of the plan change, the Requestor contacted the mana whenua
that identify the subject land as within their rohe (as described in the list
below).
• Ngāi Tai ki Tāmaki
• Ngāti Maru
• Ngāti Pāoa (Ngāti Paoa Iwi Trust)
• Ngāti Pāoa (Ngāti Paoa Trust Board)
• Ngāti Tamaterā
• Ngāti Te Ata
• Ngāti Whanaunga
• Te Ahiwaru – Waiohua
• Te Ākitai Waiohua
• Waikato Tainui
58. A request was
made via email to the relevant contacts to request whether iwi wished to engage
on the project or defer to others noting that Ngāi Tai ki Tāmaki were
engaged as a development partner for the plan change. No responses were
received from other iwi groups.
59. The requestor
advised that Ngāi Tai ki Tāmaki had been engaged on the project since
its inception. Several hui including site visits are identified in Section
11.3.1 of the s32 evaluation report provided for the plan change.
60. Ngāi Tai
ki Tāmaki provided a Cultural Values Assessment for the plan change and
state in their CVA that over the past decade, the BSLP owners have genuinely
involved Ngāi Tai ki Tāmaki as the mana whenua and mana moana for the
area.
61. There were no
submissions received from any mana whenua entity when Plan Change 88 was fully
publicly notified on 26 January 2023.
62. The precinct
provisions provide for mana whenua values to be recognised, protected and
enhanced. This commences with the precinct description including a section on
the Mana Whenua Cultural Landscape.
63. The precinct
objectives state that the mana whenua cultural, spiritual and historical values
and their relationship associated with the Māori cultural landscape,
including ancestral lands, water, waahi tapu, and other taonga, in the
Beachlands South Precinct are identified, recognised, protected, and enhanced
and that the tangible and intangible mana whenua values of the pā
site identified on Precinct Plan 4 are protected and enhanced.
64. Similarly,
the precinct policies provide for recognition, protection and enhancement of
the cultural, spiritual and historical values and relationships associated with
the cultural landscape at Beachlands South. The precinct standards identify as
a Purpose: To recognise and protect important sites associated with the
cultural landscape at Beachlands South.
65. Evidence[1] in support of the plan change
was provided by Jada MacFie, the Chief Executive Officer / Te Kaiurungi of
Ngāi Tai ki Tāmaki Trust (Trust) and its group of companies. Ms
MacFie’s primary evidence concludes by stating:
· Ngāi Tai
acknowledge our involvement and attendances to the Site, and that discussions
are ongoing. Ngāi Tai is supportive of the Structure Plan, PPC88 and
subsequent development if every effort is made to preserve and protect the
coastal area and waterways, pā kāinga, defensive ditch and native
plant species during and after the proposed development activities. I am
satisfied that the proposed Precinct Provisions achieve this.
· Ngāi Tai are
excited to be involved in this project and to see its extensive benefits
delivered to our people.
66. Ms
MacFie’s rebuttal evidence conclusions include the statement
· PPC88 will enable
Ngāi Tai Ki Tāmaki to express our cultural traditions and norms in
Beachlands in a way that is not currently possible.
Ngā ritenga
ā-pūtea
Financial implications
67. There are no
financial implications arising from this procedural decision. Approving plan
changes and amending the Auckland Unitary Plan (Operative in Part) is a
statutory requirement.
68. As a private
plan change, costs associated with processing the plan change, including making
it operative, are cost recoverable from the requestor who requested the private
plan change.
69. However, the
Court’s decision will require significant infrastructure investment in
this area and a reprioritisation of funding and resources.
Ngā raru tūpono me
ngā whakamaurutanga
Risks and mitigations
70. There are no
risks associated with making the plan change operative.
71. With respect
to the plan change Decision, it is acknowledged that a primary reason for the
Council’s appeals was to mitigate the risk of the Council having to fund
major infrastructure upgrades in a location that is not sequenced as a growth
area in its Future Development Strategy, and for which there is no specific
funding available in its Long-term Plan. The amendments to Plan Change 88,
achieved directly as a result of the Appeal (and the Appeal by Auckland
Transport), combined with the side-agreement reached with BSPL, have gone a
significant way towards addressing those risks.
Ngā koringa ā-muri
Next steps
72. The final
step in making Plan Change 88 operative is to publicly notify the date on which
it will become operative, and to update the Auckland Unitary Plan (Operative in
Part).
73. Planning and
Resource Consents Department staff will undertake the actions required under
Schedule 1 of the Resource Management Act 1991 to make Plan Change 88
operative, including the public notice and seals.
Ngā tāpirihanga
Attachments
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No.
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Title
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Page
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a⇩
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Decision 2024 NZEnvC 307 - Plan Change 88 - consent
order
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19
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b⇩
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Memorandum of Understanding between AC, AT, BSPL and
WRRA
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213
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Ngā kaihaina
Signatories
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Author
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Craig Cairncross - Lead Planner
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Authorisers
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John Duguid - General Manager Planning and Resource
Consents
Megan Tyler - Director Policy, Planning and Governance
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