
Council’s decision was to approve the Plan Change Request with modifications. This decision was subsequently appealed seeking further modifications to realign the access road and extend the rezoning into the adjoining property to the north west.
This appeal was allowed by the Environment Court. The Private Plan Change Request as modified by the Environment Court was made an operative part of the Hastings District Plan on 1 October 2007.
The private plan change request involves the rezoning of approximately 235 hectares of land from Rural Zone to Rural Residential Zone.
The area involved is located on the eastern side of Puketitiri Road and is adjacent to existing Rural Residential zoned land to the south (Rotowhenua Road), the Napier City Council territorial authority boundary to the south east and the Ahuriri Estuary to the east.
The boundaries of the area proposed for rezoning include all or portions of 13 different landholdings including 524, 528, 552, 554, 592 and 642 Puketitiri Road.
The request states that the proposed Rural Residential Zone is to be serviced by: two points of access onto Puketitiri Road feeding an internal roading system; a reticulated water supply; onsite effluent disposal; and a low impact comprehensive stormwater system.
The stormwater system seeks to provide improved flow retention, lower peak outflows and reduced contaminant discharge by: minimising impervious surfaces, with run off from roads directly to grass berms, discharge points feeding into existing gullies and then existing dams.
The proposed landscape planting plan for the area is to plant around the gullies, water courses and dams to increase water quality and improve ecological values. Landscaping planting is also proposed to mitigate the visual effects of the proposed lifestyle residential development on landscape values.
The private plan change request includes the addition of a new ‘Kopaki Bay Rural Residential Zone Structure Plan’ to the Subdivision and Development Section (15.1) of the Hastings District Plan.
The structure plan includes performance standards and outcomes to provide a framework for an integrated and comprehensive approach for future development in avoiding, remedying or mitigating adverse effects on the environment.
The Structure Plan contains performance standards and outcomes to ensure future subdivision proposals adhere to the servicing proposals outlined above, including the stormwater management proposal and the landscape plan.
It also requires subdivision proposals to mitigate and effects on cultural and archaeological heritage. Additions are also proposed to the Roading Contributions Section (15.4) of the Plan to allow a roading fee to be taken upon subdivision for the Napier City Council, to contribute towards the necessary upgrading of Puketitiri Road within the Napier City boundary.
The closing date for lodging a submission was 14 October 2005. A total of 30 submissions were received. The closing date for further submissions was Friday 2nd December 2005. A total of four further submissions were received.
The hearing of submissions was held from Monday 20 March to Thursday 23 March 2006 before Council’s Hearings Committee. Council’s decisions on the Plan Change Request and submissions were notified on 5th April 2006.
It is important to note that unlike a Council initiated Plan Change, a Private Plan Change Request does not have any legal effect until Council declares the Plan Change ‘operative’ at the conclusion of the appeal process.
See links below to view the summary of original submissions, original submissions, summary of further submissions and the further submissions. There are also links to the Hearing documents and to Council’s decision on submissions.
Council’s decision was to approve the Plan Change Request with modifications. If at the end of the six week appeal period no appeals have been received, the Private Plan Change as amended by decisions on submissions will go to Council for approval to become part of the operative Hastings District Plan.
The Plan Change finally becomes operative 5 days after Council’s decision to make it operative has been publicly notified. If appeals are received the process of making the Plan Change Operative can not take place until all appeals have been resolved by the Environment Court, unless of course the Environment Court completely overturns Council’s decision and declines the Plan Change.
As part of Council’s assessment of the request it has commissioned a report to peer review the applicants landscape assessment and to provide advice on the consideration of landscape issues. See the link below to view this report.