District Plan Variation 3 - Taiwawe Catchment Structure Plan

Thames-Coromandel District Council has made decisions on Variation 3 Taiwāwe Catchment Structure Plan (the Variation) at its meeting on 8 December 2021. This includes decisions on the submissions and further submissions to the Variation.

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

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 customer.services@tcdc.govt.nz 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 - GeotechnicalFigure 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.