Private Plan Change 78 - Mangawhai Central

1. Introduction
2. Relevant information
3. Hearings
4. Recommendation and decision
5. Appeals
6. Environment Court Directions
7. Environment Court Evidence
8. Final Council decision and notification

Introduction

Private Plan Change 78 (PPC78) was lodged on 3 December 2019 by Mangawhai Central Limited. PPC78 seeks to rezone 130ha of land contained within the Estuary Estates Structure Plan of the operative Kaipara District Plan 2013 (the District Plan), PPC78 area comprises of 83 Molesworth Drive, and Lots 1 and 4 DP 314200 Old Waipu Road, Mangawhai.

PPC78 seeks the following changes to the existing Estuary Estates Structure Plan are shown in the PPC78 Zoning Map. These include:

• Retain the Estuary Estates zone at 83 Molesworth Drive.
• Amend Business 1 sub-zone to match its extent to the amended Estuary Estates Structure Plan and reduce its size to 5.32 ha from 7.5 ha.
• Delete sub-zones 2, 4, 5 and 6.
• Create new Residential sub-zones 3A, 3B, 3C and 3D replacing existing sub-zones 2, 3, 4, 5 and 6.
• Amend Service 7 sub-zone to align with the ring road route outlined in the amended Estuary Estates Structure Plan which increases its size from 7.5 ha to 8.03 ha.
• Create a new integrated residential development overlay over the new Residential 3A sub-zone.
• Rezone Lots 1 and 4 DP 314200 from Residential to the new Residential 3B and 3C sub-zones, and new Natural Environment 8 sub-zone.
• The existing Estuary Estates Structure Plan requires an update to reflect the new network for roads, walking, cycling, flood areas and natural area corridors, and new town centre and open space area. This is shown in PPC78 Structure Plan.

PPC78 also requires changes to the provisions of Chapter 16 of the District Plan. Modifications to Chapter 16 pertain to the Estuary Estates description, zones, objectives, policies, rules and/or other methods to provide for the development of the site.

All existing Estuary Estates Structure Plan maps are to be removed and replaced with those proposed under PPC78, once a decision is issued for PPC78. The map amendments relate to Maps 17, 54, 55, 56 and 56A, along with deletion of Appendix E Estuary Estates Sub-Zones.

No other changes to the District Plan are proposed outside of Chapter 16. 

Relevant Information

• Private Plan Change Request
• Clause 23
• Clause 25
• Att A - Zoning Map
• Att B - Structure Plan
• Att C - Text (Tracked)
• Att D - Text (Clean)
• Public Notice
• See full submissions received by Council.
• Section 42A Report (uploaded Friday 30 October 2020)
• PC78 Applicants evidence (uploaded Friday 06 November 2020)
• PC22 Decision Report (uploaded Friday 06 November 2020)
• Expert Evidence (uploaded Friday 13 November 2020)
• Legal submissions (uploaded Thursday 19 November 2020)
• Written statements by submitters (uploaded Thursday 19 November 2020)

Further Submissions

Submissions have been received from 199 people by the closing date of 28 May 2020 and have been summarised with the best interpretation of each submission. Nine late submissions have been received since the notification period closed. A decision on whether the late submissions will be accepted will be made by the Hearings Panel at the hearing for PPC78.

• Summary of Submissions Part A
• Summary of Submissions Part B 

In Part A, the summaries of the submissions have these listed under the Submitter’s name in alphabetical order.

In Part B, the summaries of submissions have been classified into particular categories or issues (for example traffic and pedestrian matters, providing for commercial activities in Mangawhai etc.) so that a person who may wish to make a further submission on a particular issue can see what issues he/she may wish to support or oppose.

• Read further Submissions

Hearings

The Hearing commenced on 23 November 2020 – 25 November 2020. The hearing was open to the public. 
Venue:
The Mangawhai Domain Hall
75 Moir Street, Mangawhai

Re-convened Hearing 

NOTICE OF HEARING FOR – PRIVATE PLAN CHANGE 78 (ESTUARY ESTATES) BY MANGAWHAI CENTRAL LIMITED

In accordance with clause 8B of the First Schedule of the Resource Management Act 1991, notice is given for the re-convened hearing of the application by Mangawhai Central Limited for a Private Plan Change to rezone 130ha of land contained within the Estuary Estates Structure Plan of the operative Kaipara District Plan 2013. 

The private plan change was heard on the 23 – 25 November 2020.  It was adjourned to enable the Applicant to provide supplementary evidence and for the Council to address the information request made by the Hearing Panel. The details of the re-convened hearing are as follows:

Date: 03 February 2021
Time: 9.30 am
Venue: Public Library Hall at 45 Moir Street, Mangawhai

The re-convened hearing is to hear the Applicant’s supplementary expert evidence, and the information being provided by the Council   (a report on infrastructure planning and funding) – as well as for the Council Officers to make any additional comment on the proposal having heard the applicant’s evidence, and for the applicant to give their Reply.    The Hearing Panel may  issue further Directions once it has reviewed the additional information.  All the additional evidence, information, and any Direction from the Hearing Panel will be made available to all parties.

Documents received: 

• PC78 Hearing Schedule (Reconvened Hearing)
• Letter to Commissioners - Mangawhai Matters Inc
• Memo to Commissioners - C Boonham
• Memo to C Boonham - Commissioners
• Memorandum 2 to Panel (uploaded 02 February 2021)
• Memorandum 3 to Panel (uploaded 02 February 2021
• Additional Comments John Dickie to KDC PPC78 (uploaded 02 February 2021)
• Michael Savage Mangawhai Matters Incorporated (uploaded 02 February 2021)
• KDC Supplementary Legal Submissions (uploaded 29 January 2021)
• Summary Statement - Steve Rankin (Engineering) (uploaded 29 January 2021)
• Summary Statement - Phil Osborne (Economics) (uploaded 29 January 2021)
• Summary Statement - Matt Riley (Urban design) (uploaded 29 January 2021)
• Summary Statement - Mark Delaney (Ecology) (uploaded 29 January 2021)
• Summary Statement - Mat Collins (Transport) (uploaded 29 January 2021)
• Summary Statement - David Badham and Alisa Neal (Planning) (uploaded 29 January 2021)
• Attachment 1 Provisions (uploaded 29 January 2021)
• Additional Comments John Dickie (No 2.) (uploaded 04 February 2021)
• Closing Legal Submissions on Behalf of Mangawhai Central LTD (uploaded 04 February 2021)
• Applicants suggested provisions for PPC78 (uploaded 16 February 2021) (ZIP file) - This is the applicants reply and no further evidence or information is sought or required from any submitters.
• MCL Memo from Counsel of Applicant (Uploaded 16 February 2021)

Section 42A Report

Section 42A reports are prepared before a hearing to help the RMA hearings process. The purpose of this report is to assess the plan change under the relevant provisions of the RMA, taking into account the submissions received and to provide recommendations to the Hearings Panel on the issues. This report was made available on this website on Friday 30 October 2020.

More information on the Hearing:

• Hearing Panel’s Direction
• Mangawhai Central Limited Plan Change 78 Direction (supplementary evidence)
• Mangawhai Central Limited Plan Change 78 Direction Response (Jon Williamson supplementary evidence water supply, uploaded 18 December 2020)
• Final Second Supplementary Statement - Jon Williamson (uploaded 2 January 2021)
• Mangawhai Central Limited Plan Change 78 Direction Response (James Dufty supplementary evidence engineering, uploaded 18 December 2020)
• Mangawhai Central Limited Plan Change 78 Direction Response (Ian Munro supplementary evidence urban design, uploaded 18 December 2020)
• Mangawhai Central Limited Plan Change 78 Direction Response (Mark Tollemache supplementary evidence planning, uploaded 18 December 2020) 
• Mangawhai Central Limited Plan Change 78 Direction (report from council officers)
• Mangawhai Central Limited Plan Change 78 Direction Response (report from council officers, uploaded Thursday 17 December 2020)
• Hearing Letter
• Information Sheet
• Attendance Form
• PC78 Tabled (supplied on the day) documents
• PC78 Hearing recording

Recommendation and Decision

• PPC78 Agenda item
• Unconfirmed minutes of Council meeting
• Public Notices
• Forms for Appeal (Environment Court)
• Hearings panel recommendation report
• Amendments to the Operative District Plan Chapter 16

Appeals

Appellants must send a copy of their appeals to all applicable submitters, found via Submitter list (you should be able to copy the list of emails into a email header, please note two addresses are mail only.)

• Notice of Appeal - 9 June 2021 - Clive Boonham
• Notice of Appeal - 9 June 2021 - Mangawhai Matters

Section 274

• Notice of Appeal (s274) - 25 June 2021 - Peter Rothwell
• Notice of Appeal (s274) - 5 July 2021 - NZ Fairy Tern Trust
• Notice of Appeal (s274) - 5 July 2021 - NZ Fairy Tern Trust
• Notice of Appeal (s274) - 2 July 2021 - Northland Transportation Alliance - Withdrawn 21/7/21
• Notice of Appeal (s274) - 8 July 2021 - Northland Regional Council (Boonham) - Withdrawn 15/2/22
• Notice of Appeal (s274) - 8 July 2021 - Northland Regional Council (Mangawhai Matters) - Withdrawn 15/2/22

Environment Court Directions

• 25/6/21 - Case Track Directions
• 20/9/21 - Minute of Commissioner Hodges (1)
• 12/10/21 - Minute of Judge JA Smith of Judicial Conference
• 15/12/21 - Planner Joint Witness Statement

Environment Court Evidence

Applicant: Mangawhai Central Limited

• Ian Munro (urban design)
• Fraser Colegrave (economics)
• Rob Pryor (landscape visual)
• Richard Montgomerie (terrestrial ecology/freshwater ecology for wetland 3)
• Dr Martine Neale (freshwater ecology, except wetland 3)
• Dr Gary Bramley (avifauna)
• Dr Shane Kelly (marine ecology)
• Rob Van de Munckhof (stormwater)
• Jon Williamson (water supply)
• James Dufty (engineering)
• Leo Hills (transport)
• Mark Tollemache (planning)

Respondent: Kaipara District Council

• Evidence of Sue Davidson
• Evidence of Steven Rankin
• Evidence of David Badham 

Appellants

• Evidence of Clive Boonham
• Kaipara District Council Submission on Clive Boonham Evidence - 18 March 2022
• Mangawhai Central Limited Submission on Clive Boonham Evidence - 18 March 2022
• Clive Boonham's Final Replay - 25 March 2022

Environment Court decision on both Appeals

• Consent Determination - 22 March 2022
• Further Decision - 5 April 2022

Final Council decision and notification

• Council agenda - Council Meeting 29 June 2022
• Plan Change 78 text
• Map Series One - Map 56A
• Appendix E - Structure Plan Map
• Map Series One - Map 56
• Map Series Two - Map 56

Decision

Sealed Plan Change 78 dated 19 July 2022

Published public notices advising of approved plan change