Introduction Hot Water Beach (NZ) Ltd made a written request for a variation to the Proposed District Plan. The request sought to insert a new structure plan into Section 27 of the Proposed District Plan. The new structure plan is for a site located at 790C Hot Water Beach Road, Hot Water Beach. See location plan below. The proposed structure plan will enable subdivision for 45 ‘rural-residential’ lots and dwellings on an existing rural lot at Hot Water Beach. The purpose of the structure plan “… is to provide for the development and use of the land for rural residential purposes within a conservation framework established for the enhancement and protection of the ecological values and biodiversity of the site.” The proposed ‘Taiwawe Catchment Structure Plan’ contains rules for future subdivision and development of the site. The development will require restoration and protection of ecological values and indigenous biodiversity, landscaping of the site, restoration and enrichment planting for conservation purposes, with animal and plant pest control. Location Map; Please click to view the documents on Variation 3 - Taiwawe Catchment Structure Plan Executive summary - Taiwawe Catchment Structure Plan Taiwawe Catchment Structure Plan - Policy & S32 RMA Analysis Taiwawe Catchment Structure Plan – Description, Purpose, Objectives, Policies, Rules and Assessment criteria Taiwawe Catchment Structure Plan – Diagram A Taiwawe Catchment Structure Plan – Diagram B and C Taiwawe Catchment Structure Plan – Ecological Assessment Taiwawe Catchment Structure Plan – Geotechnical Assessment Taiwawe Catchment Structure Plan – Landscape Assessment Taiwawe Catchment Structure Plan – Transport Assessment Taiwawe Catchment Structure Plan- Archaeological Assessment Hearing A hearing is scheduled for Thursday 9 September 2021 and, if required, Friday 10 September 2021, and will be convened on-line. The Commissioners appointed for this hearing are Alan Watson and Paul Cooney. If you have indicated you wish to be heard all the details have been sent via email. If you have any questions regarding this hearing please contact email@example.com or 07 8680200 Directions of the Hearing Commissioners Direction one of the Hearing Commissioners - Issued 16 February 2021 Direction two of the Hearing Commissioners - Issued 18 March 2021 Direction three of the Hearing Commissioners - Issued 22 March 2021 Direction four of the Hearing Commissioners - Issued 16 April 2021 Direction five of the Hearing Commissioners - Issued 5 August 2021 Direction Six of the Hearing Commissioners - issued 27 August 2021 Legal submission in reply - received 24 September 2021 Outline of Legal Submission in reply Memorandum of Counsel seeking further directions Proposed Taiwawe Catchment Structure Plan Version 14 Response to issues of hydrology in S42's author comments Response to Issues of Ecology raised in S42A Presentation Outline of Proponent's Legal Submissions Received 8 September 2021 Hot Water Beach (NZ) Ltd Revised Rule 2 Table 1 - comparative assessment Table 2 - supplementary S42a Report responses Table 3 Taiwawe Catchment Structure Plan (Version 13a) Summary Statements of Evidence Tracey Lamason - on behalf of Diane Hinds S Brown J Burgess M Chapman J Coates N Goldwater P Kelsey - correction P Kelsey G Lawrence - slides G Lawrence P Green Geotechnical investigation plan North Geotechnical investigation plan South Proponent's Evidence Proponent's evidence supplied 1 and 2 March 2021. Covering memorandum Consolidated Structure Plan (Version 11) with Diagrams A to F and Attachments 1-3 Taiwawe Catchment Strucure Plan - Diagram A: Conservation and Development Areas Taiwawe Catchment Structure Plan Diagram B: Hot Water Beach. Te Puia and Taiwawe Lane Intersection Design Taiwawe Catchment Structure Plan Diagram C & D: Typical cross sections Taiwawe Catchment Structure Plan Diagram E & F: Typical cross sections E &F Statement of Evidence - G Lawrence (with attachments) Statement of Evidence - Traffic Planning Assessment Statement of Evidence - M Chapman, Stormwater Management Taiwawe Catchment Surface Water Runoff Management (V4) Statement of Evidence - N Goldwater - Ecological Assessment Statement of Evidence - P Green - Survey Review Staement of Evidence - P Kelsey - Geotechnical - Figure 1 and Figure 2 - Earthtech Geotechnical Assessment Report (attachment a) Statement of Evidence - S Brown - Landscape Architect - attachments Proponent's Supplementary Evidence Received 31 March 2021 Covering Memorandum Consolidated Structure Plan (Version 12) TAIWAWE CATCHMENT STRUCTURE PLAN DIAGRAM B: Hot Water Beach, Te Puia Place and Taiwawe Lane Intersection Design and DIAGRAMS C-F (Typical Road Cross Sections) DIAGRAMS C-D (Typical Road Cross Sections) DIAGRAMS E-F (Typical Road Cross Sections) Statement of Evidence of Philip Green (Survey Review) Supplementary Statement of Evidence John Burgess (Traffic Assesment), and email correspondence Supplementary Statement of Evidence Michael Chapman (Stormwater) Supplementary Statement of Evidence Nicholas Goldwater (Ecological) Supplementary Statement of Evidence Stephen Brown (Landscape) Supplementary Statement of Evidence Graeme Lawrence (Planning) Proponent's Supplementary Evidence Received 25 August 2021 Memorandum of Counsel for Hot Water Beach (NZ) Ltd Second Supplementary Statement of Evidence Graeme Lawrence Taiwawe Catchment Structure Plan (Version 13) Structure Plan Diagram A Taiwawe Catchment Structure Plan Attachment 1 Taiwawe Catchment Structure Plan Attachment 2 Taiwawe Catchment Structure Plan Attachment 3 Submitter Evidence Waikato Regional Council Tracey Lamason Planners Plus on behalf of Diane Hinds (submitter 11) Heritage New Zealand Pouhere Taonga Supplementary Submitter evidence Tracey Lamason (Planners Plus) on behalf of Diane Hinds (submitter 11) Supplementary Submitter evidence received 1 September 2021 Second Supplementary Statement of Evidence - Tracey Lamason on behalf of Diane Hinds Statement of Evidence - Matthew Vare for Waikato Regional Council Submitter Evidence - Adele Smaill - tabled 9 September 2021 Section 42A Hearing Report This is a summary of all the submissions and further submissions, and recommendations made for the Commissioner's consideration. Section 42a hearing report Section 42a hearing report attachment 1 Section 42a hearing report attachment 2 Supplementary Section 42A Hearing Report Supplementary 42A Report Supplementary 42A Report attachment 1 - Traffic Supplementary 42A Report attachment 2 - Ecology (Preliminary peer-review by Gerry Kessels) Supplementary 42A Report attachment 3 - 'Mechanics and Workability’ of proposed provisions S42A Report writer's comments on supplementary evidence - 9 September 2021 Submissions Submissions were open from 8am Friday 24 July 2020 to 5pm Friday 28 August 2020. Submissions have now closed. Further submissions were open from 4 December - 18 December 2020. Further Submissions A summary of the decisions sought in the submissions lodged on Variation - 3 'Taiwawe Catchment Structure Plan' has been compiled. Council notifed for further submissions on the 4 December 2020. 'Further submissions' only allow people to either support or oppose an original submission on the variation. The summary of the decisions sought by submitters can be viewed below. Summary of Decisions Sought in Submissions All original submissions are stored and are available on request. In accordance with Clause 8 in Schedule 1 of the RMA, only the following persons may lodge a 'further submission' supporting or opposing any original submission: Any person representing a relevant aspect of the public interest; or Any person that has an interest in the variation greater than the interest that the general public has; or The Thames-Coromandel District Council. A 'further submission' is limited to either supporting or opposing any submission or submission point in an original submission. New matters cannot be raised in a 'further submission'. A copy of the 'further submission' must be sent to the person who made the original submission within 5 working days of serving the submission on the Council. Notice of Decision A Recommendations Report from the Independent Hearing Commissioners was confirmed by Council as decisions on submissions and further submissions on the Variation. This report was written following the closing of the Variation hearing held on 15 March 2021 and 9 September 2021. The Independent Hearing Commissioners considered all submissions and further submissions, and heard evidence from all submitters and the proponent of the Variation at the hearing. The Recommendations Report from the Independent Hearing Commissioners includes: a summary of evidence in support and opposition to the Variation; commentary on the hearing; the issues and views of the Independent Commissioners; recommended decisions on submissions and further submissions, with reasons for those decisions; the overall recommendation to Council on the Variation; and the subsequent annotation to the Proposed District Plan. A copy of the public notice advising of the Council’s decisions in relation to the Variation, and a full copy of the Recommendations Report from the Independent Hearing Commissioners can be viewed below. Alternatively a full copy of the report can be viewed at all Council offices and public libraries in the district. Public Notice Recommendations Report Pursuant to clause 14 in Schedule 1 of the Resource Management Act 1991, there are appeal rights if you wish to challenge all, or any part of the decisions made on your submission or further submission on Variation 3 Taiwāwe Catchment Structure Plan. If you wish to lodge an appeal you are advised to seek legal advice. An appeal must be lodged with the Registrar of the Environment Court, PO Box 7147, Wellesley Street, Auckland 1142; within 30 working days of service of the notice of decision by Council. If you lodge an appeal with the Environment Court, a copy of your appeal must be served on every person who made a submission on the provision or matter to which the appeal relates.