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
Recommended Changes to ODP (Tracked Changes) - 20 March 2017
Attachment 4 - Recommended Changes to ODP - Updated 20 March 2017
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
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
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
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 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
Links to Documents:
Public Notice (February 2016)
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:
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).