notice of appeal - whangareiwdc.govt.nz/planspoliciesandbylaws/plans/districtplan/...notice of...

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II Birt and Currie Surveyors Ltd For Timely Friendly & Personal Service Phone: 09459 1940 Whangarei District Phone: 09 280 9591 Kaipara District Phone: 027 209 1940 PO Box 120, Paparoa 0543 Email: [email protected] Web: www.landsurveyors.co.nz II NZIS 1:::1 ~ ~ ~ REGISTERED PROFESSIONAL SURVEYOR WAYNE BIRT B.5URV; M.N.Z.!.S; RPSurv Director DATE: 27th February 2018 FILE NO 964 The General Manager Whangarei District Council Private Sag Whangarei. Notice of Appeal. Please find attached your copy of the Notice of Appeal with respect to Whangarei District Council’s decision on the submission numbered 209 by Warren Huband on Plan Changes 85A & 850. This Notice of Appeal has been lodged with the Environment Court in Auckland this afternoon. RECEIVED CUSTOMER SERVICES Z 7 FEB 2018 WHANGAREI DISTRICT COUNCIL Yours faithfully, ~ Wayne Sirt.

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Page 1: Notice of Appeal - Whangareiwdc.govt.nz/PlansPoliciesandBylaws/Plans/DistrictPlan/...Notice of Appeal. Please find attached your copy of the Notice of Appeal with respect to Whangarei

II Birt and Currie

Surveyors Ltd

For Timely Friendly & Personal Service Phone: 09459 1940 Whangarei District Phone: 09 280 9591 Kaipara District

Phone: 027 209 1940

PO Box 120, Paparoa 0543

Email: [email protected] Web: www.landsurveyors.co.nz

IINZIS

1:::1

~ ~ ~

REGISTERED

PROFESSIONAL

SURVEYOR

WAYNE BIRT

B.5URV; M.N.Z.!.S; RPSurv

Director

DATE: 27th February 2018

FILE NO 964

The General Manager Whangarei District Council

Private Sag Whangarei.

Notice of Appeal.

Please find attached your copy of the Notice of Appeal with respect to Whangarei District Council’s decision on the submission numbered 209 by Warren Huband on Plan Changes 85A & 850. This Notice of Appeal has been lodged with the Environment Court in Auckland this afternoon.

RECEIVED

CUSTOMER SERVICES

Z 7 FEB 2018

WHANGAREI DISTRICT COUNCIL

Yours faithfully,

~Wayne Sirt.

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t.

RECEIVED

CUSTOMFR SFRVICES

Z 7 FEB 2018

,

,

BEFORE THE ENVIRONMENT COURT

WHANl:Jt-’i",t:1

DISTRICT COUNCIL ENV-2018-AKl-

IN THE MATTER of the Resource Management Act 1991

AND

IN THE MATTER of Clause 14(1) of the First Schedule to the

Resource Management Act 1991

BElWEEN WARREN HUBAND

Appellant

AND WHANGAREI DISTRICT COUNCil

Respondent

NOTICE OF APPEAL UNDER CLAUSE 14(1) OF THE FIRST SCHEDULE TO THE

RESOURCE MANAGEMENT ACT 1991

TO: The Registrar

Environment Court

AUCKLAND

1 . I, Warren Huband, appeal against part of a decision of the Whangarei

District Council on the following plan: Plan Change 8SA and Plan

Change 85D.

2. I made a submission on Plan Change 85A and Plan Change 85D.

3. I received notice of the decision on 17 January 2018.

4. The decision was made by the Whangarei District Council.

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5. The part of the decision that I am appealing is the decision of the

Whangarei District Council to zone my land at 128 and 172 Awaroa

Road (Lot 3 DP 31 7977 CFR 70445 and Lot 2 DP 87364 CFR NA

45B/220 respectively) (Land), Rural Production, instead of Rural

Living Environment (Decision).

6. The reasons for the appeal are as follows:

(a) The Decision does not represent a sustainable management

of natural and physical resources and is not consistent with

Part 2 of the RMA;

(b) The Decision fails to give effect to the objectives and

policies of the proposed plan changes including Plan

Change 85A and 85D, and the other provisions of the

operative Whangarei district plan;

(c) Decision fails to give effect to the provisions of the relevant

National, and Northland regional policy statements.

including the New Zealand Coastal Policy Statement;

(d) The Decision fails to give effect to the provisions of the

Northland regional plan;

(e) The Decision fails to give effect to other relevant Whangarei

district council planning documents;

(f) Without limiting the generality of the above:

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i. The Ru ral Production Zone (RPE) is the zone where

primary rural production activities are expected to

occur;

ii. The land is very steep, with clay soils. Grass growth is

poor, and significant amounts of fertiliser would be

required to make the Land suitable for primary rural

production;

iii. The topography and location of the Land means that

serious adverse effects could occur from primary rural

production including: sediment and nutrient run off to

waterways and the harbour; nitrification of waterways;

erosion of unstable, and poor-quality soils; and a

general diminution of the quality of the environment;

iv. Primary rural production activities (particularly grazing

cattle) has the potential to destroy archaeological sites,

and native bush (from grazing the understory);

v. The Land comprises approximately 51.4 ha, including

approximately 26.7 ha of bush, leaving only

approximately 24.7 ha of pasture for primary rural

production activities. It is uneconomic/impractical to

use this small area of pasture for sustainable primary

rural production activities in this location;

vi. Reverse sensitivity issues arise due to the proximity of

the pasture on the Land to neighbouring residential

properties, thus limiting the application of fertiliser,

and limiting the types of fertiliser that can be used. It

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also affects stock management procedures such as

weaning calves and strip grazing;

vii. Conversely:

1. the land is located on a tributary to the

Whangarei Harbour, between Whangarei City

and Onerahi and offers a high amenity lifestyle

option, and could provide much needed new

residential capacity for Whangarei City;

2. The land is proximate to the Whangarei City

and within a sensible commuting distance;

3. The area surrounding the Land has been

developed into lifestyle blocks of various sizes

but predominantly in the 1 - 10 ha range (53

lots in total and only 5 above lOha);

4. There is a lack of rural primary production

activities in the immediate vicinity of the land;

and

5. The land is eminently suitable for further

development into rural lifestyle blocks, and any

potential effects from such development can be

adequately avoided, remedied or mitigated.

7. I seek the following relief:

(a) That the land be re-zoned as Rural Living Environment;

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(b) Such further or other relief as the Court as is necessary to

give effect to this appeal; and

(c) The costs of and incidental to this appeal.

8. I attach the following documents to this notice:

(a) A copy of my submission and a copy of a further submission

in support of my submission;

(b) A copy of the relevant part of the Decision;

(c) A list of names and addresses of persons to be served with

a copy of this notice.

Signature: WARREN

agent:

Date: 27 Febru ry 201

Mr Alan Webb

Quay Chambers Level 7, 2 Commerce Street PO Box 106215

AUCKLAND CITY 1143

(09) 3775070

(09) 3775071

Address for service:

Telephone:

Facsimile:

Email: [email protected]

Note to appellant

You may appeal only if -

you referred in your submission or further submission to the provision or matter that is the subject of your appeal; and

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in the case of a decision relating to a proposed policy statement or plan (as opposed to a variation or change), your appeal does not seek withdrawal of the proposed policy or plan as a whole.

Your right to appeal may be limited by the trade competition provisions in Part 11 A of the Resource Management Act 1 991 .

The Environment Court, when hearing an appeal relating to a matter included in a document under section 55(28), may consider only the question of law raised.

You must lodge the original and 1 copy of this notice with the Environment Court within 30 working days of being served with notice of the decision to be appealed. The notice must be signed by you or on your behalf. You must pay the filing fee required by regulation 35 of the Resource Management (Forms, Fees, and Procedure) Regulations 2003.

You must serve a copy of this notice on the local authority that made the decision and on the Minister of Conservation (if the appeal is on a regional coastal plan), within 30 working days of being served with a notice of the decision.

You must also serve a copy of this notice on every person who made a submission to which the appeal relates within 5 working days after the notice is lodged with the Environment Court.

Within 10 working days after lodging this notice, you must give written notice to the Registrar of the Environment Court of the name, address, and date of service for each person served with this notice.

However, you may apply to the Environment Court under section 281 of the Resource Management Act 1991 for a waiver of the above timing of service requirements (see form 38)

Advice to recipients of copy of notice of appeal

How to become a party to proceedings

You may be a party to the appeal if you made a submission or a further submission on the matter of this appeal.

To become a party to the appeal you must, -

within 15 working days after the period of lodging a notice of appeal ends, lodge a notice of your wish to be a party to the proceedings (in form 33) with the Environment Court and serve copies of your notice on the relevant local authority and the appellant; and

within 20 working days after the period for lodging a notice of appeal ends, serve copies of your notice on all other parties.

Your right to be a party to the proceedings in the court may be limited by the trade competition provisions in section 274(1) and Part 11 A of the Resource Management Act 1991.

You may apply to the Environment Court under section 281 of the Resource Management Act 1991 for a waiver of the above timing or service requirements (see form 38)

,. How to obtain copies of documents relating to appeal

You may be a party to the appeal if you made a submission or a further submission to the matter of this appeal.

To become a party of the appeal you must, -

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within 15 working days after the period of lodging a notice of appeal ends, lodge a notice of your wish to be a party to the proceedings (in form 33) with the Environment Court and serve copies of your notice on the relevant local authority and the appellant; and

within 20 working days after the period of lodging a notice of appeal ends, serve copies on your notice on all other parties.

*Delete if these documents are attached to copies of the notice od appeal served on other persons.

Advice

If you have any questions about this notice, contact the Environment Court in Auckland, Wellington, or Christchurch.

022218 . noa.docx

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A

SUBMISSIONS

Original Submission: Warren Huband (No. 209)

Submission in Support: (No. 220)

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Sub No. 0209 ~~"J;. ~.~. ,~ ~.;:~...~,~: ....~..; -’" :dti...~j~?-:.. ~...:_~~..’1.\..

Form 5 Submission on a change proposed to the District Plan

All correspondence to the Policy Department

Submiulons must be recefv8d by: 4:00pm TPMdey. 4 October 2016

Plan Chenge Numbers: PCIS A.a, PC86A and a, PCI7, PC102, PC114

Please Indicate by ticking the relevant bo.. below which Plan Chenge(s) you are making a submisllon on:

PC88A RuIBl (UItNm Expeneion) Environment

PC86B Rural (Urban Expansion) - LiYlng Environment

Pee7 CoastBI Ants

0 PC85 Rural Anla 0

PC85A Rural ProducIion Envtfonment 0

0 PC85B StrIfIgIc Rurallncluetry Environment 0

0 PC85C Rural ViIIIge EnviI 0

0 PC8SD Rural Uvlng EnvIronment 0

PC102 Minenlll

PC114 Landscapes

-

RECEIVED CUSTOMER SERVICES

FuU "11M ",... pIc:IMrfy

Pas.. edd.....

Teleph_ no

EmIlI.

W L.’( ( ~n H~II:?....,.., ~

n%... A~c:oI(c;u=,’ .~;vd Rd

~bf&j ~ve..).. ..

.W~’\~,~o:’>II’e.i ..,0"0 ..

Q:l.I., ~’"1I,f.~ "’us \.

"...h:~t’{.c.r"4I..hu\..~d~. co. .,z. .

..

~G.YIEr

~f2==-~":+ DeIfIIe the ... fJIIIB9IBPh If you could not galn M adWntag in trade competiflon thIough this .ubmiaion .. Select one

I wish to be he8rd in 8U of my submission !il’ves CJ No

If others malae a similar subrrission, I wID consider pl’888nt1ng a joint cal8 with them 8t. hearing.

g""Ye. CJ No

siU of 8ubmiltei- or A ligMlu.. II not mIIIII1I

Date "3 - \0 - ,.

_____,_a_._..___. ..._._.__._____.__...__..____..

Tt. spealllc pnMIilona of Ihe Plan Change ... my .........on ........ to an

..R~l’Q\. r(’c;l’.C~i,""","i~, ,5.. ~lILp.e.....~ "=’ b~ ~JII pJ’~~" C’eca "’~.& t" ;dcr.~ l,. ’-..-"’~C,’Ci\ ..dI_d. .I’-c:lv.siric.d.. lA.t"’Xi.. ~ ~ dew.e.Iof’LYlCf’tt J$ .’I1:.Itrc-c:1’e..... .h:.J ~

. :s.e.c...ndd’j . -to p,ock..t.;.t)".,.e.. w.sc.s,., ., ",. ...

=x..+. .i’..s.. ~ pl&2tU.~t p’ d.....c.....oJe.... ,U5C.5 CV’\c:I. ""’+ ’"""’ ~tCl’her.-.

...Df ..t.:’I..!ffGl’,1 d~ .:~ ~c.rc.t=d Su.lodi",""s,’on.. ..

’M’ ~ _ ..

TRIM 16181580

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Ilupportloppo.e’888k amendment to the specific provision l&ted above. (delete wfIat’s not appJlcable)

My 5ubmluion Is

’,he. pr_f’c=="c..d ~i’-’j Q.f A’^"c:It"’"~.

fev&r ~ ~o\.04’d t..e:.

.:5\..A\=t-e..d -to bCil:.-. SS"t) f\..4rc:1t’ ,,\,)~ E:I’1\1~’r-=-,~t c:.& -#-1.....

(.’r"I~~r;~ of p<;:lr-rti’~ ~Ire’c::adj M- -H-,:Ij, c.r tc.ri"~.

My I’8l18Ons are (altsch additional pages If required)

.

?\e.Q~ee.. .$~__ Q~Q~e.d -

.... the declllon you wish Council to mllke to ensure. the Issu.. you raise can be dealt with (I.fI. giVe preclBe details of What you would like Included or delefBd fn:Im the Plan)

-rv..c;or+ A~dlrc=oCOl g.,,’e.r ~d c.. ~c.d gS1:) n..uc:llt J’\I"’\’-’~ E.r1"’;rd,....,~t

NoN ro ptIIWOIJ male"" .,,1Jmiu1on . "you .,. making . BUbmisaion 10 the Environmentsl Protection Authority, yw should u.. form 188. If you ale a person who could 98"’ an dvge In trade competition through the submission, your right to malee 8 submission may be limited by clause 6 (4) of Pad 1 of Schedufe of the Resouros Management Act 1991.

TRIM 18181560

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In the proposed District Plan our land located at 172 Awaroa River

Road is proposed to change to Rural Production.

Our submission is the zoning is more suited to 85D rural living environment.

The reasons are;

"’The natural runoff from the steep land goes directly into the Awaroa

Creek, and directly out into the harbour taking all the effluent from the cattle on the hills with it including any fertilizer. Extensive

farming is not suitable for this reason.

*On Awaroa River Rd there is only one property being our one, that is 41ha. Of the over 40 properties on the road all are 10ha or under. the

majority under Sha already. Subdivision has already occurred in this area making rural production impossible.

*Ofthe 41ha on our property a substantial amount is in bush, leaving only approximately 1Sha of grass for stock.

* The quality of the land is very steep, clay soil, making very poor grass growth.

* Carrying out day to day farming activity is increasingly difficult due to the proximity of neighbours and their refusal to allow chemical

spraying, fertilizer spreading etc.

*The block is not viable to farm and can only be considered a lifestyle block.

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B

DECISION

Copy of Panel recommendation and Copy of Decision

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Figure 33: Requested RLE expansion area on O’Carroll Road and Crawford Road under submission point 178/1

522. Mark Seakins presented information in support of his submission on the most appropriate zoning for the

area, and on the environmental benefit lot provisions.

O’Carroll Road - Discussion

523. The area contains many small allotments that would be expected in a RLE with significant existing

lifestyle development. There are also several horticultural operations existing in the area. Significantly,

the soils in this area include Class 1, 2, 3 with small areas of class 6. LUC class 1, 2 and 3 soils are

identified as highly versatile soils in the RPS. Class 1 and 2 soils are highly productive and make up

just 1.8% of the district, representing some 0.4% of New Zealand’s total area of highly

productive/versatile land. The Hearings Panel find that these areas should not be identified as RLE.

524. No new evidence was presented to the hearing which persuaded the Hearings Panel to recommend a

zoning change.

O’Carroll Road - Recommendation

525. The Hearings Panel recommends that the Council reject submission points 196/1, 177/1 and 178/1.

Awaroa River Road - Submission Information

526. Warren Huband207 requested that Awaroa River Road be zoned RLE.

527. Mr Huband presented evidence at the hearing in support of his submission.

A waroa River Road - Discussion

528. Awaroa River Road is located on a tributary to the Whangarei Harbour, between the city and Onerahi.

It is currently zoned CE with an area of Business 2 (the "money factory") at the intersection with Riverside

Drive. The area is characterised by rolling topography with bush filled gullies that has been developed

into large lifestyle blocks, generally above 4 ha but less than 10 ha. There is a cluster of around 12 rural

201209/1

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residential allotments on the east side of the road that are smaller than 2 ha. and larger properties.

including the submitters property to the north and east.

529. Constraints on development in this area include land instability and high effluent disposal unsuitability.

There is an area of flood susceptible identified on the lower land near the head of the estuary. The soils

in the area are noted as LUC class 4 and 6 which the Hearings Panel considers are desirable when

selecting areas for RLE. WDC records indicate a high concentration of archaeological sites in the area,

and one Site of Significance to Maori is recorded in the WDP (SSM 59 pa with pits and terraces).

Overhead Critical Electricity Lines are also identified on the WDP maps in this area.

530. Considering the existing development and the lack of primary production activities in the area we did

consider that the area may be suitable for further rural residential development, if the area of flood

susceptible area is avoided. Rezoning the area would facilitate development to meet the demand for

lifestyle blocks in an area close to the city, employment opportunities and social services. However.

there are several constraints to development within this area.

531. The Hearings Panel find that while the Huband’s property, and the surrounding area may be suitable for

some form of residential development given its access and proximity to the city town, it does not meet

the criteria for RLE. It is beyond the scope to the Hearings Panel to recommend any re-zoning and

accordingly we have recommended the submission be rejected.

Awaroa River Road - Recommendation

532. The Hearings Panel recommends that the Council reject submission 209/1.

WaiJ)u Cove/LanQs Beach - Submission Information

533. Andre and Robin LaBonte208requested that PC85A RPE with respect to their area of Waipu Cove be

rejected. and that their area [near 995 Cove Road] of Waipu Cove be designated as RLE if there is a

change from CCE.

534. P and L Wickham209 requested rezoning a cluster of 20 lots located between Cove Road and the

ridgeline in Waipu Cove to RLE - see requested area outlined in yellow with yellow hatching in Figure

34 below:

201430/1 -312/1

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l~~~ WHI’,r~~::1I’\REI ~,~." 1 I II I i \ ( ! I( I( I

Plan Changes 85 A-D, 86 A-B, 87, 102,114

Rural Package

Notice of Decision

. Notice in the leader

Appeal Information Sheet

. Extract of Minutes - Planning Committee Meeting

. Mailing List of all Submitters

Recommendations of the Hearing Panel

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.

It~t, WHANGAREI ...,~ DISTRICT COUNCIL

www.wdc.govt.nz

Notification of decision on plan changes

Whangarei District Council gives notice that it has made its decision on the provisions and matters raised in submissions on the foNowing Plan Changes:

Plan Changes 85 A-D, 86 A~, 87, 102 and 114

Each plan change includes specific proposed changes to the District Plan text and maps. In summary these Include:

New Resource Area Chapters, with objectives, pOlicies and rules. New Environment Chapters, with objectives. policies and rules. . New Coastal Area Map series.

Changes to the Resource Area and Environment Map series. Consequential changes to text. New definitions and consequential changes to Chapter 4 Meaning of Words..

Plan Change 85 - Rural Area (PC85)

PC85 proposes to Identify the environmental expectations and outcome~ for rural areas through the proposed Rural Area (RA) objectives, policies and performance standards (which apply to all of the proposed Rural Environments).

Plan Change 85A - Rural Countryside Environment (PC85A)

PC85A proposes to replace the existing Coastal Countryside Environment and Countryside Environment with the Rural Countryside Environment (RPE). The RPE seeks to provide primarily for the productive yse nd clevelopment of rural land and resources.

Plan Change 858 - Strategic Rurallndstrles Environment (PC85B)

PC85B proposes to replace District ~Jan Scheduled Activities 14, 15 and 16 with the strategic Rural Industries Environment (SRI E). The SRIE seeks to recognise and provide for the retention and rna~ ~dexpansion of established industries of strategic significance located in rural a~s.

Plan Change 85C - Rural VII~ge Environment (PC8SC) PC85C proposes to rept~C1t. Xisting Living 1 and 3, and Business 2, 3 and 4 Environments in the existing rural and coastal villages with Rural ViUage Environment

(RVE) and th~ Sub-Environments: Rural Village Residential (RVRE), Rural Village Centre (RVCE), and Rural Village Industry (RVIE). The RVE seeks to provide for a range of activities which support village communities, while also protecting the amenity

valu~wit~in each Sub-Environment. Plan hange 85D - Rural Living Environment (PC85D)

PC85D proposes to rezone clusters of rural lifestyle development from Countryside Environment to Rural Living Environment (RLE). The RLE seeks to provide opportunities for the on-going development of land for rural living activities in locations that have an.existing density compatible with lifestyle development.

Plan Change 86A - Rural (Urban Expansion) Environment (PC86A)

PC86A proposes to rezone clusters of rural residential development in close proximity to Whangarei City from Countryside Environment to Rural (Urban Expansion) Environment (RUEE). Together with proposed Uving 1 and Living 3 Environment rezoning (PC86B) the RUEE seeks to provide for the future urban growth of Whangarei City in areas that are contiguous with urban development

Plan Change 85B - Rural (Urban Expansion) Living Environment Zoning (PC86B)

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~

PC86B proposes to rezone specific locations in close proximity to Whangarei City from Countryside Environment to Uving 1 and Uving 3 Environments. These proposed new residential areas win provide for projected population growth in the \lVhangarei district.

Plan Change 87 - Coastal Area (PCI7)

PC87 proposes to protect the values of the coastal environment through a new Coastal Area (CA) Resource Area overlay in the District Plan. Parts of the CA are also identified as High and Outstanding Natural Character Areas. PC87 seeks to Implement the Northland Regional Policy Statement 2016 (RPS) by mapping the ’coastal environmenr and High and Outstanding Natural Character Areas. The CA and High and Outstanding Natural Chareder Areas (together with the RPE) replace the Coastal Countryside Environment

Plan Change 102-Mlnerals (PC102)

PC102 proposes a Minerals Chapter. The Minerals Chapter seeks to manage mineral resources and Mineral Extraction Areas (nationally and regionally significant mineral extraction) to avoid, remedy and mitigate adverse effects on the environment from mineral extraction, and to protect significant mineral resources from constraints by conflicting I...d use.

Plan Change 114 - Landscapes (PC114)

PC114 proposes a Landscapes Chapter. The Landscapes Chapter seeks to implement the RPS Outstanding Natural Landscapes and Features mapping .. a Resource Area overlay, and to protect Outstanding Natural Landscapes and Features.

The decision on the plan change is available for viewing on the Council’s website at www.wdc.aovt.nzI lanchanaes and at Whangarei Distriq Council Service Centres at Forum North, Rust Avenue, V\lhangarei; Ruakaka Service Centre, Takutai Piece. Ruakaka and Whangarei Central Ubrary, Rust Avenue, Wharlgarei.

Please contad Council’s Policy and Monitoring Department if you have any questions about the proposal.

Those parties entitled to lodge appeals tQ the Environment Court must lodge their appeals within 30 working days of receipt Of the Uecision.

This notice Is given pursuant to Clause 10 of the First Schedule of the Resource Management Act 1991.

R Fortong CHIEF EXECUTIVE

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"

I~~~ WHANGAREI "’tl~~ DISTRICT COUNCIL

Appeal Information Sheet

Making an Appeal on Decisions on a Plan Change

Under Clause 14 of the First Schedule of the Resource Management Act 1991 (RMA), any person who made a submission or further submission on a plan change may lodge an

appeal with the Environment Court in regard to any matter, or matters, on which they made a submission.

Such an appeal must be lodged within 30 working days of service of the decision(s) on the submitter (ie delivery of letter containing decisions to the submitter’s address as given in the submission).

A copy of the appeal must also be served on the Whangarei District Council within the 30 working day period.

In addition, the appeal must be served on every person who made a submission on that

particular provision within 5 working days of lodging the appeal. The list of names on whom the appeal was served has to be submitted to the Court within 10 working days.

A list of people who made submissions on the plan change is attached for your information.

Any appeal to the Environment Court should state:

a) The decision that is appealed (include the summary of the decision);

b) The reasons for the appeal and relief sought:

c) Include documentation regarding the original or further submission, the decision, and one other document explaining the reason for the appeal;

d)The address for service of the person who made the appeal; and

e)Any other matters required by regulations (see form 7 of the RMA Regulations).

The appeal must be filed with the Environment Court in Auckland, PO Box 7147, Wellesley Street, Auckland 1141, together with the filing fee as required.

Page 20: Notice of Appeal - Whangareiwdc.govt.nz/PlansPoliciesandBylaws/Plans/DistrictPlan/...Notice of Appeal. Please find attached your copy of the Notice of Appeal with respect to Whangarei

It~~ WHANGAREI ....,~fT DISTRiCT COUNCIL 1

Planning and Development Committee Meeting Minutes

Date:

Time:

Location:

Wednesday, 13 December, 2017

9:00 a.m.

Council Chamber

Forum North, Rust Avenue

Whangarei

In Attendance Cr Greg Innes (Chairperson) Her Worship the Mayor Sheryl Mai

Cr Crichton Christie

Cr Vince Cocurullo

Cr Tricia Cutforth

Cr Shelley Deeming Cr Sue Glen

Cr Phil Halse

Cr Cherry Hermon

Cr Greg Martin

Cr Sharon Morgan Cr Anna Murphy Gavin Benney Cr Stu BellNot in Attendance

1. Declarations of Interest

Item 4.4 - Minerals, Landscape, Coast and Rural Plan Change Decision

2. Apology

Cr Stu Bell

Moved By Cr Greg Innes

Seconded By Cr Greg Martin

That the apology be sustained.

Carried

Page 21: Notice of Appeal - Whangareiwdc.govt.nz/PlansPoliciesandBylaws/Plans/DistrictPlan/...Notice of Appeal. Please find attached your copy of the Notice of Appeal with respect to Whangarei

.

4.4 Minerals, Landscape, Coast and Rural Plan Change Decision

Moved By Cr Greg Innes

Seconded By Her Worship the Mayor Sheryl Mai

That the Planning and Development Committee:

a. adopts the report and recommendations of the Hearing Panel dated 23 November 2017 on proposed Plan Changes PC102, PC114, PC87, PC 85 A - D and PC86A & B, in accordance with Clause 10

of Part 1 of Schedule 1 of the Resource Management Act 1991; and

b. resolves to publicly notify, on 17 January 2018, Council’s decision

on PC102, PC114, PC87, PC 85 A - D and PC86A & B, in

accordance with Clauses 10 and 11 of Part 1 of Schedule 1 of the

Resource Management Act 1991.

Carried

Cr Deeming declared a conflict of interest and withdrew from the table

taking no part in discussions or voting on Item 4.4.

Cr Halse declared an interest and withdrew from voting on Item 4.4.

Page 22: Notice of Appeal - Whangareiwdc.govt.nz/PlansPoliciesandBylaws/Plans/DistrictPlan/...Notice of Appeal. Please find attached your copy of the Notice of Appeal with respect to Whangarei

,

c

UST OF NAMES AND ADDRESSES OF PERSONS TO BE SERVED

Ann Pegram

Postal: 249 Awaroa Rover Road, Onerahi, Whangarei

By Email: [email protected]

AND as per attached sheet.

Page 23: Notice of Appeal - Whangareiwdc.govt.nz/PlansPoliciesandBylaws/Plans/DistrictPlan/...Notice of Appeal. Please find attached your copy of the Notice of Appeal with respect to Whangarei

rst

Name

Last

Name

On

behalf/contact

Address 1

Address 2

Address!

Addr.... 4

~~.II

~T&1;o-r-r.; ~.

_____u._____.___

.

n___., ._

"~"’’’’’’’’’’~II

76

Mountfield Road

RD2

walpu O:>lSl

Allan C

Waldron

Reyburn and

Bryant

Joseph

Henehan

PO

Box 191

Whangarei 0140

Allison D

Leslie

2

Parakiore Road

Kamo

Whangarei

Andr&

Robin

LaBont

995

CoveRoad

Langs Beach

Walpu 0582

Andrew

Wiseman

56

Atkins Road

RD8

Whangarei 0178

Andrew

McClurg

197

Clements Road

RD3

Whangarei 0173

Andrew

Maber

143

Taraunui Road

Parua Bay

RD1

Andrew &

Jane

Tait

576

Snooks Road

RD8

Whangarei 0178

Andrew Ralph

Harris

115

Paraklore Road

RD6

Whangarei 0176

Arnold Peter

Morgan

286C

Whau Valley Road

Whangarei 0112

Arthur J

Cummins

224

Massey Road

RD2

Walpu 0582

B

Cowley &

V

5

Hall-Cowley

228

Brooks Road

RD2

Waipu 0582

Barry &

Jenny

Collins

53

Apotu Road

RD 1

Kamo

Whangarel

Beverly K

Maxell &

Neville G

Pomana

40

McCathie Road

Ruakaka

Blue

Moon

limited

c/-

Resource

Management and

Asses PO

Box

1135

Whangarei 0140

Brian &

Oringa

Ba

rach

156

Apotu Road

RDl

Kamo

Bronwyn A

Reynolds

42

Mountfleld Road

RD2

Waipu 0582

Bruce

Roberts

39

The Bra igh

Walpu 0582

Bruce John

Darby

126

parakiore Road

RD6

Whangarei 0176

C&K

Pyle

54

Watrous Downs

RD9

Whangarei 0179

Campbell Boys

Reyburn and

Bryant

Joseph

Henehan

PO

Box 191

Whangarei 0140

Chris

Hannam

Reyburn and

Bryant

Thomas Keogh

PO

Box 191

Whangarei 0140

Christine M

Muir

44

Mountfield Road

Waipu

Christopher

Gailer

PO

Box 302

448

North

Harbour

Auckland 0751

Coral R

Shepherd

34

Darwin Road

Kerikeri 0230

Corporate

Sureties Ltd

C/-

Catherine Macken

1

Rothesay Bay

Road

Rothesay Bay

Auckland 0630

D&E

Hosking

c/-

Cato

Bolam

ConsultantsPO

Box

1919

Whangarei 0140

Darryl Davies &

Gillian

Davies-Kyte

PO

Box

4510

Kamo

Whangarei 0141

Damon Paul

Keyte

2

Wattle Lane,

Acacia Park

Raumanga

Whangarei 0110

David

Lewis

4

Sentinel Road

Herne Bay

Auckland 1011

David K

Fooe

74

Kara

Road

RD9

Whangarel0179

Dean &

StephanieBradshaw

390

Matarau Road

RD 1

Kamo

Didier Poot &

Juile Wills

400

Cemetery Road

RD 9

Whangarei

DulcieM

Holland

156

Pipiwal Road

Ruatongata

RD6

E

R

&

M D

McKegg

Parihaka Trustees 2008 Ltd

693

Plplwai Road

RD 6

Whangarel

Edward &

Janet

Hart

237

Massey Road

Waipu

Elaine Joyce

MacKintosh (Hill)

126

Parakiore Road

RD6

Whangarel0176

Ernest &

Patricia

Greechan

c/-

Cato

Bolam

ConsultantsPO

Box

1919

Whangarei 0140

Fiona J

Baird

98

Kara

Road

RD 9

Whangarel0179

Frank

Newman

PO

Box 984

Whangarei

G&C

Smith

Reyburn and

Bryant

Joseph

Henehan

PO

Box 191

Whangarei 0140

GD&JM

Howell

Reyburn and

Bryant

Joseph

Henehan

PO

Box 191

Whangarei 0140

Geo!! J

Pearson

(C

Pearson Estate

Administrato 252

Gray Road

Kamo

Whangarei 0185

Gillian Marie

Trass

90

Parakiore Road

RD6

Whangarei 01

76

Ginty

Naenae ltd

Reyburn and

Bryant

Brett Hood

PO

Box 191

Whangarel0140

Glenda &

Brian

Ferguson

153

Apotu Road

RD 1

Kamo

Whangarel0185

~nda

Plu!!!pton ~

John

Stone

PO

Box 914

Whangarei 0140

Glenn M

&

Teresa r

Robertson

173

Bowman Road

RD9

Hamilton 3289

Glenview Estate Ltd

512

Knight Road

Kokopu

~

josep

[email protected]

Client No.

133332

Onerahi 0192

Whangarei 0185

[email protected] [email protected]

[email protected] [email protected] [email protected] [email protected] arl.val@clear,net.nz bria n

[email protected] jenny

_eolllns@xtra,eo,nz nevbev@xtra,co,nz [email protected] [email protected] [email protected] walpu@hammerhardware,co.nz [email protected]

Client No.

14179

Client No,

13953Whangarei 0185

Whangarei 0176

Client No,

13556

Client No.

14049

Client No.

14188

[email protected] I

[email protected],nz [email protected] info@eurodesign,com.au [email protected]; FI

katledoes@gmail,com sim on

[email protected] da

[email protected] [email protected] david, I

[email protected] [email protected] d

[email protected] [email protected]@ihug,eo,nz [email protected] [email protected],nz slmonr@catobolam,co.nz flonabaird@me,eom [email protected],nz [email protected] [email protected],nz [email protected],[email protected],nz glenda!@aetrix,eo.nz [email protected] [email protected] [email protected]

Page 24: Notice of Appeal - Whangareiwdc.govt.nz/PlansPoliciesandBylaws/Plans/DistrictPlan/...Notice of Appeal. Please find attached your copy of the Notice of Appeal with respect to Whangarei

Hamish

Bowling

145

Tangihua Raad

RDB

Whangarei 017B

Heather C

Hall

162

Parakiare Road

Kamo

Whangarei

HartlcultureNew

Zealand

Angela

Halliday

PO

Bax

10232

The

Terrace

Wellington 6143

angela .ha

[email protected]

HUP

Trustees lid

c/-

Cato

Balam

CansultantsPO

Bax

1919

Whangarei 0140

[email protected]

Ian J

and

Cheryl A

Kitchen

9-155

Bream Bay

Drive

Ruakaka 0116

[email protected]

lIana

KatherineHarris

115

Parakiore Raad

RD6

Whangarei 0176

ilanagll

[email protected]

J

Hulse

Reyburn and

Bryant

Emma Miller

PO

Bax 191

Whangarel0140Client No.

13109

em

[email protected]

J

&

P

Hawkins

c/-

Cato

Bolam

ConsultantsPO

Box

1919

Whangarei 0140

si

[email protected]

J

B

&

G

H

Cann

Family Trust

Reyburn and

Bryant

Jaseph

Henehan

PO

Box 191

Whangarei 0140

Client No.

13990

[email protected]

J

G

Ritchie &

S

G

Ritchie &

A

Davidsan

43

Aqua View

Drive

RD2

Waipu 05B2

[email protected]._-

James L

Dael

209

parakiare Raad

[email protected]

Jan

Boyce-Bull

PO

Box 10

006

TeMal

Whangarel

mike.ja

[email protected]

Jan

Irving-Whitehead

PO

Box 530

Whangarei 0140

jwhlte hea

[email protected]

Joanne &

David

Floyd

3

Shearwater Street

One Tree

Poont 011B

[email protected]

John

Holdsworth

264

Clements Road

Matapouri

RD3

Whangarei 0173

[email protected]

John D

Hyslop

196

Riverside Ave

Point

England

Auckland 1072

[email protected]

Julie

Palmer

38

McCathie Road

Ruakaka

RD 1

Whangarei 0171

julie .pa

[email protected]

Karen M

Blackbourn

6

Ellean Donan Drive

RD 2

Walpu

[email protected]

Keith

Mitchell

1

Maunu Estate Drive

Whangarei 0110

Kenneth H

&

Marg

Moreland

Reyburn and

Bryant

Thomas Keogh

PO

Box 191

Whangarei 0140

Client Na.

14066

t

[email protected]

Keryl

Cooney

930

Cove Road

RD2

Waipu 05B2

[email protected]

Kevin

Taylar

C/-

Cook

Castello

Att.

Henry Coli

2

Norfolk Street

Whangarei 0110

[email protected]

Kim

Feickert

PO

Box 3

Waipu 0545

[email protected]

Kubi J

P

&

Barbara

(Witten-Hannah

La

Trobe Track

Karekare

New Lynn

Rural

Delivery

Auckaland 0722

ku

[email protected]

Lawrence

Deeming

159

Tangihua Road

RD8

Whangarei 0178

[email protected]

Lee &

Raewyn

Hitchens

17

Walrlmu Way

Walpu 05B2

[email protected]

Leonie

Hobman

573

Shoemaker Raad

RD 2

Waipu 0582

[email protected]

Lindsay J

Attwood

10

Corsai r

Drive

MaungatapereRD9

Whangarei

[email protected]; 16.stud@hc

Lyn

O’Brien

406B State

Highway 1

RD 2

Waipu

Iyn

[email protected]

Lynne Diane

Wilson

119

Paraklore Road

RD6

Whangarei 0176

rana nd

Iyn

[email protected]

Mal

Barratt &

Tania

Patterson

386

Brooks Raad

RD2

Waipu 05B2

Tan la

"[email protected]

Malcolm

Norton

107BD Cove Road

Langs Beach

Walpu 05B2

m

[email protected]

Malcalm A

Aylward

492

Apotu Road

RD 1

Kamo

Whangarei 01B5

[email protected]

Maree

Williams

65

Corsair Drive

RD9

Whangarei 0179

maree.d

[email protected]

-

~arllyn

Cox

’Marily.!:1_

Berry

28

Calliape Lane

Urquharts Bay. RD

4Whangarei 0174

ma ri

Iynberry@/hug.ca.nz

Mark

Seakl ns

31

Munro Place

RD3

Whangarei 0173

[email protected]

Mark &

Bronwyn

Poynter

PO

Box

402-053

Tutukaka 0153

[email protected]

Mark &

Gina

Hansen

120

Going Raad

RD 1

Kama

Whangarel0185

mark.

[email protected]

Mark &

Maxine

Thomason

170

Kara

Road

RD9

Whangarel0179

maxlnea nd

ma

[email protected]

Martyn R

Dudley

Kara

Road

Whangarei 0179

martyn

[email protected]

Melba

Farms lid

30

Lindsay Street

St

Albans

Chrlstchurch 8014

[email protected]

Melodie &

John F

O’Donnell

44

McCathie Road

Ruakaka

RD 1

Whangarei 0171

[email protected]

Michael

Campbell

17

Humarlri Street

Pt

Chevalier

Auckland 1022

[email protected]

Maja

Trust

c/-

Cato

Bolam

ConsultantsPO

Box

1919

Whangarei 0140

51

[email protected]

Murray

Cameron

47

Lagan

Cameron Road

RDl

Kama 0185

[email protected]

Murray William

Ackers

172

Parakiore Road

RD6

Whangarei 0176

mu

rray

[email protected]

Nanette I

Cains

PO

Box

4347

[email protected]

Natalie

Ganley

118

Pepl

Raad

RD 4

Whangarei

nata

lIegan

ley@hatma!l.com

Nell and

Maira

Dobbs

2487

McKenzie Bay

Manaia GardensRD4

Whangarel

[email protected]

Page 25: Notice of Appeal - Whangareiwdc.govt.nz/PlansPoliciesandBylaws/Plans/DistrictPlan/...Notice of Appeal. Please find attached your copy of the Notice of Appeal with respect to Whangarei

Ngunguru Marae

Committee

c/-Paulette Wellington

50

Taonga Lane

RD 3

Whangarel0173

pa ul

[email protected]

Nicola

McGregor

PO

Box

4046

Kamo

Whangarel0141

n

[email protected]

Nigel &

Karla

Parton

c/-

Cato

Bolam

ConsultantsPO

Box

1919

Whangarel 0140

si

[email protected]

Olga I

Pavlovich

715

State

Highway 14

RD 9

Whangarel 0179

tom .pavl

[email protected]

Ondlne Waddle &

Peter

Rogers-Jenkins

PO

Box 644

Whangarei 0140

[email protected]

P&L

Wickham

Reyburn and

Bryant

Brett Hood

PO

Box 191

Whangarei 0140

Client No.

13959

[email protected]

Paddy

Gordon

Reyburn and

Bryant

Joseph

Henehan

PO

Box 191

Whangarei 0140

Client No.

13917

[email protected]

Patrick

Gordon

341

Rosyth Road

RD2

Waipu 0582

[email protected]

Paul

Price

366

Kara

Road

RD9

Whangarei

paul2pri

[email protected]

Paul &

Lisa

Roberts

c/-

Reyburn and

Bryant

Joseph

Henehan

PO

Box 191

Whangarei 0140

[email protected]

Pauline Carol

Dinsdale

91

Parakiore Road

RD6

Whangarei 0176

pa u I

i

[email protected]

Peter &

Jo

Strachan

499

Three Mile

Bush Road

RDl

Kamo 0185

[email protected]

Peter John

Chapman

133

Parakiore Road

R06

Whangarei 0176

Cook

CI -

Cook

Costello

Att.

Henry Coli

2

Norfolk Street

Whangarei 0110

[email protected]

Philip

Spencer-Harris

6

Ellean Donan Drive

RD2

Waipu

phi

Ispe

ncerharr

[email protected]

F’hillp M

&

Marion J

Freeman

PO

Box

3232

Onerahi

Whangarei 0142

phi

I.ma

[email protected]

Phillip

Cook

c/-

Cato

Bolam

ConsultantsPO

Box

1919

Whangarei 0140

si

[email protected]

povl

Ejvind

Broman Jensen

315

Waiotoi Road

RD 3

Whangarei

Lot

3DP

101201

[email protected]

Pukepoto Properties LId

c/-

Cato

Bolam

ConsultantsPO

Box

1919

Whangarel0140

si

[email protected]

Rebecca

Merrington

c/- 50

Palce Ave

Sandrlngham

Auckland 1025

[email protected]

Rhonda L

Padgett

PO

Box 51

Maungatapere 0152

rhonda.

[email protected]

RJ

and LG

McGregor

11

McDonald Road

RD4

Whangarei 0174

Robert Craig

Dinsdale

91

parakiore Road

RD6

Whangarei 0176

[email protected]

RogerJ

Mcinnes

PO

Box

4092

Kamo

Whangarel0141

rmcl n

[email protected]

Ronald D

Davidson

PO

Box 478

Whangaparaoa

Auckland 0943

[email protected]

Ronald David

Phillir

Wilson

119

Parakiore Road

RD6

Whangarel0176

ron@thew;lsons.net.nz

Ross G

&

Margaret Dudley

Reyburn and

Bryant

Thomas Keogh

PO

Box 191

Whangarei 0140

Client No.

13676

thoma

[email protected]

3~sell _

Munn

PO

Box

7127

Tikipunga

Whangarel0144

[email protected]

Sarah

Moon

163

Apotu Road

RD 1

Kamo

Whangarei 0185

[email protected]

---Scott &

Julie

Prentice

995

Tylerton Circle

Grayslake IL

60030

sj

aa

[email protected]

-

-

Sharon Lorraine

Ackers

172

Parakiore Road

R06

Whangarei 0176

sha

[email protected]

Shelley D

Wharton

42

Grassmere Road

Henderson Valley

Auckland 0612

[email protected]

Stephen and

Rosemary Ffrost

1/93

Bilyana Street,

Balmoral

Queensland 4171

Australia

[email protected]

Stephen J

Keane

10

Grahamtown Road

RD4

Whanga rei

0174

steve

[email protected]

Stephen Wayne

Trass

90

Paraklore Road

RD5

Whanga rei

0176

[email protected]

Steve

Gillespie

C/-

Cook

Costello

Alt.

Henry Coli

2

Norfolk Street

Whangarei 0110

[email protected]

Stuart B

Cains

PO

Box

4347

[email protected]

Terry

Powell

663

State

Highway 14

RD9

Whangarei 0179

[email protected]

The

Helmsdale Tru! The

Glenview Estat.

Reyburn and

Bryant

Brett Hood

PO

Box 191

Whangarei 01<\0

Client No.

14087

b

[email protected]

Thomas E

Flood

81 A

Ross

Road

RD 1

Onerahi 0192

[email protected]

Timothy

Mulcare

1853

Ngunguru Road

Ngunguru 0173

forestretu rn

[email protected]

TJ

&

PM

Barnett

287

Kara

Road

RD9

Whangarel0179

[email protected]

Tony

springford

181 Old

Parua Bay

Road

RDs

Whangarei 0175

[email protected]

Trevor

Shaw

PO

Box 631

Whangarel0140

[email protected]

Trevor &

Cheryl

Barfoote

34

Corsair Drive

RD9

Whangarel0179

cba

[email protected]

Vanessa

Booth

11/33 School Road

Kingsland

Aucklandl021

va

nessa

[email protected]

Victoria

St

John

385

Whangarel Heads Road

RD4

Whangarel0174

victorlastjoh [email protected]

Walker QOTF

Trust’

Elizabeth M

Sutherland

105

Brookvlew Heights

RD2

Walpu 0582

[email protected]

Warner D

Cullen

216

Cullen Road

RD2

Waipu 0582

[email protected]

Warren

Huband

177

Awaroa River Road

Abbey Caves

Whangarel 0110

[email protected]

Page 26: Notice of Appeal - Whangareiwdc.govt.nz/PlansPoliciesandBylaws/Plans/DistrictPlan/...Notice of Appeal. Please find attached your copy of the Notice of Appeal with respect to Whangarei

--

Warren &

Barbara Moyes

1343

Pipiwal Road

Wendy

Gardiner

(Gardiner Lifestyle Ltd)

570

Shoemaker Road

WFH

Properties Ltd

Woods and

Partners Consultan Phil

Heffernan

William A

&

Olivia

Hyslop

27

Calliope Lane

Yvonne Gay

Lilley

205

Parakiore Road

Zeb

Cookson

287

Massey Road

RD6 RD 2

PO

Box

67S2 Urquharts Bay

RD6 RD2

Ruatangata Waipu 0510

Wellesley Street

RD 4

Whangarel Whangarel 0176

Waipu 0582

Whangarei 0176

[email protected] wendyand con na

[email protected]

phil.

[email protected] [email protected] Yvon

[email protected] [email protected]

Auckland 1141