Your Council

Plan Change 84 - Airport Zone

Privately requested Plan Change

Kapiti Coast Airport Holdings Limited has requested a private plan change to the operative District Plan. 

The plan change seeks to change a number of the rules relating to the Airport Zone to allow resource consent to be sought for some retail activities and for noise-sensitive activities outside the Air Noise Boundary, as well as several consequential changes.

The Plan Change was notified on 24 February 2016, with the period for submissions closing on 5pm, 23 March 2016. The Council received seven submissions on the plan change - these are summarised in the summary document available in the link below.

Further submissions on an original submission, either in support or opposition to any particular part of the original submission were able to be made until the closing date of Wednesday 28 September 2016. Five further submissions were received as below.

Further submissions could have been made by any person who has an interest in Plan Change 84 greater than the interest that the general public has, or who was representing a relevant aspect of the public interest, or a local authority. It was not necessary for a person making a further submissions to have made an original submission.

A Hearing for the Plan Change will be held on 13 and 15 February 2017.

Venue: Council Chamber

 

Sn42A Reporting Officer's Response

Sn42A Reporting Officer's Response

Attachment 1 - TWOK Agenda - 25 August 2015

Attachment 2 - TWOK Minutes - 25 August 2015

Attachment 3 - Wharemauku Expressway Bridge Plans

Attachment 4 - Recommended Changes to ODP - Updated 20 March 2017

Traffic & Transport Response to Hearing Panel Minute 3 - D Wignall

Retail Response to Hearing Panel Minute 3 - T Heath

Economic Response to Hearing Panel Minute 3 - P Osborne

 

Hearings Panel Minutes

Minute 1 - 5 December 2016

Minute 2 - 10 February 2017

Minute 3 - 23 February 2017

 

Hearings Agenda

Reconvened Plan Change 84 Hearing Agenda - 20 March 2017

Plan Change 84 - Airport Zone Hearings Agenda - 13/15 February 2017

Applicant's Expert Evidence

KCAHL Evidence of  Neil Donnelly - Corporate - 27/01/17

KCAHL Evidence of  Tim Kelly - Transport - 27/01/17

KCAHL Evidence of  Poul Israelson - Planning - 27/01/17

KCAHL Evidence of  Fraser Colgrave - Economics- 27/01/17

 

Submitters' Expert Evidence

Coastlands Shoppingtown Ltd

Economic evidence - John Small - 3 February 2017

Economic evidence - Mike Copeland - 3 February 2017

Traffic evidence - Mark Georgeson - 3 February 2017

Urban design evidence - James Lunday - 3 February 2017

Christopher Hansen - 3 February 2017

Others

Ngahina Trust - Matthew Holder - 3 February 2017

NZTA - Transport Evidence - Alan Kerr - 3 February 2017

NZTA - Planning Evidence - Angela Penfold - 3 February 2017

NZTA - Reference Environment Court Case - Mighty River Power Ltd v Porirua City Council

NZTA - Reference High Court Case - RJ Davidson Family Trust v Marlborough District Councils et al

 

Sn 42A Report

Sn 42A Report Overview

Sn 42A Report Published on web on 20/12/16

Appendix 1 - Existing Operative District Plan Provisions Published on web on 20/12/16

Appendix 2 - Retail Overview Published on web on 20/12/16

Appendix 3 - Economic Overview Published on web on 20/12/16

Appendix 4 - Traffic Assessment Published on web on 20/12/16

Appendix 5 - Noise Review Published on web on 20/12/16

Appendices 6 and 7 are contained within the Sn 42A Report

Appendix 8 - NZ Environment Court Decision Published on web on 20/12/16

 

Further transport information

Modelling method

Airport Traffic Model Review - Pre review

Airport Traffic Model Review - Post review

SIDRA Site Level of Service 23k - January 2017

SIDRA Site Level of Service 43k - January 2017

SIDRA Site Level of Service 62k - January 2017

 Links to Documents:

Public Notice - Notification for further submissions

Summary of Submissions on Plan Change 84

Further Submissions

FS 1. Coastlands Shoppingtown Ltd

FS 2. Ngahina Developments Ltd

FS 3. Alpha Corporation Ltd

FS 4. Sheffield Properties Ltd

FS 5. Richard Mansell

Individual submissions

1. Coastlands Shoppingtown Ltd

2. Ngahina Developments Ltd

3. Alpha Corporation Ltd

4. Sheffield Properties Ltd

5. Richard Mansell

6. Ngahina Trust

7. New Zealand Transport Agency

8. Coastlands amended submission post Environment Court declaration

Private Plan Change request, including Section 32 Evaluation

Public Notice (February 2016)

Plan Change 84

Frequently Asked Questions – Plan Change 84: Airport Zone

What is a Private Plan Change?

A plan change is a legal process for making a change to the operative District Plan. Any private individual or organisation (usually landowners and developers) has the right to request such a change.  This private plan change has been initiated by Kapiti Coast Airport Holdings Ltd (KCAHL).

When does a Private Plan Change have legal effect?

A private plan change only has legal effect once it becomes fully operative (i.e. once all submissions have been heard and decided on, any Environment Court appeals have been resolved, and the Council has formally approved it).

What is the Council’s role on a Private Plan Change?

The Council has accepted and will publicly notify the private plan change request made by KCAHL. This decision does not mean the Council supports or opposes the plan change, in part or in whole. The Council’s procedural decision is a ‘neutral’ course which does not affect its ability to consider the merits of the requested change at a later date. The Council’s role is to notify the plan change for submissions and further submissions, receive and process those submissions, and to hold a hearing to decide on the plan change.  As with all hearings, an officers’ Section 42A Report will be prepared, in which the submissions will be considered and, drawing on advice from Council’s relevant technical experts, recommendations to the Hearing Panel will be made.

What is the scope of Plan Change 84?

Plan Change 84 is a change requested to the operative Kāpiti Coast District Plan (NOT the Proposed District Plan).

It seeks to change a number of the rules relating to the Airport Zone in order to allow resource consent to be sought for some specific retail activities and for noise-sensitive activities outside of the Air Noise Boundary, as well as several consequential changes.

The intent of the plan change is to remove the “prohibited activity” status on some specific land use activities (see below for simple definitions of what this means).  This change would enable resource consent to be sought for noise-sensitive activities (e.g. residential activities) in the Airport Zone but outside of the Air Noise Boundary (as a discretionary activity), as well as the following retail activities:

  • one department store as a non-complying activity (see below for definition) [note: more than one department store would remain as a prohibited activity]
  • one supermarket as a discretionary activity (see below for definition) and more than one supermarket as a non-complying activity, and
  • more than one retail store between 151m² and 1,500m2 in floor area that retails groceries or non-specified food items as a discretionary activity

If the operative District Plan was changed in line with the plan change, a wider range and larger scale of retail activities would become possible within the Airport Zone, subject to consent being granted, whereas currently they are prohibited activities for which resource consent cannot be sought.

What are “prohibited”, “non-complying” and “discretionary activities”?

In simple terms, no one can apply for a resource consent for a “prohibited” activity: it isn’t allowed for in the District Plan.

“Discretionary” activities may be allowed. A resource consent must be applied for, and the Council will decide whether to grant it and also whether any conditions should be attached to the consent.

A “non-complying” activity also may be allowed by Council. Again, a resource consent must be applied for, and the Council will decide whether to grant it and also whether any conditions should be attached to the consent.

However, there are some extra considerations Council must also take into account: in particular resource consent can only be granted if either the adverse effects of the consent on the environment are minor, or the activity is not contrary to the objectives and policies of the District Plan.

How does the operative District Plan currently deal with retail and noise-sensitive activities (i.e. without the changes requested in Plan Change 84)?

Some retail is currently permitted in the Airport Zone Mixed Use Precinct, but the permitted activity rules and standards have very specific limits as to what is provided for – for example, no supermarkets or department stores are provided for, and other retail activities are limited in their size and scale depending on the type of retail activity.

Currently, the only noise-sensitive activity currently permitted in the Airport Zone outside the Air Noise Boundary is limited to residential accommodation for people whose employment requires residence within the Airport Zone and one hotel/motel activity within the Airport Zone Mixed Use Precinct.

What are noise-sensitive activities?

The operative District Plan defines noise-sensitive activities as “residential accommodation of all types, hotels, motels, pre-schools, schools, educational facilities, libraries, child care centres and hospitals”.

Who can make a submission on the plan change?

Under the Resource Management Act (RMA) anyone can make a submission on a plan change (note: a submission can only be made by a person who could gain an advantage in trade competition if the submission relates to an adverse effect on the environment. The effect cannot relate to trade competition or the effects of trade competition).

What is the relationship with the Proposed District Plan Hearings Process?

The hearing and decision-making process for Plan Change 84 to the operative District Plan is a separate process to that for hearing and deciding on submissions to the Proposed District Plan (PDP).  However, because the substance of the plan change is similar to some submissions to the PDP, the PDP Hearings Panel will be hearing Plan Change 84 immediately after hearing submissions on Chapter 6 of the PDP (which contains the Airport Zone provisions).

Related links:

Operative District Plan

Proposed District Plan

District Plan Frequently Asked Questions

Guidance on the Private Plan Change process

Guidance on getting involved in Council plan preparation process