Privately requested Plan Change
Kapiti Coast Airport Holdings Limited has requested a private plan change to the operative District Plan 1999.
The private 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.
Plan Change 84 was notified on 24 February 2016 and submissions closed on 23 March 2016. The Council received seven submissions on the private plan change - links to these are provided below.
Further submissions closed on Wednesday 28 September 2016. Five further submissions were received as below.
The Hearing for the Private Plan Change was held on 13 and 15 February and 20 March 2017.
On 19 October 2017 the Council resolved to adopt the recommendations of the Hearing Panel on Private Plan Change 84 and to notify its decision on 25 October 2017.
Any submitter, along with the plan change applicant, has the opportunity to appeal the decision to the Environment Court. If no appeals are received, the changes will be referred back to the full Council to be ratified. A final public notice will then be published and the changes to the District Plan will become operative.
Hearing Panel Report and Recommendations
Report and Recommendations of Hearing Panel to Kapiti Coast District Council - 8 September 2017
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’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.
In accordance with Section 34 and Section 34A of the RMA, the Council delegated authority to an Independent Hearing Panel to consider all submissions received on Private Plan Change 84, to consider the Private Plan Change against Sections 32 and 32AA and to report to Council recommending whether the Private Plan Change provisions should be declined, approved or approved with amendments (based upon the submissions received and the evidence heard) and the reasons for its recommendations.
In accordance with Clause 29(4) of Schedule 1 of the RMA, it is Council's role to make a decision to decline the plan change or approve it or approve it with modifications, after having particular regard to the Panel's evaluation, Council must also notify its decisions on Private Plan Change 84 and serve a copy of the decision on Kāpiti Coast Airport Holdings Limited and submitters to the Private Plan Change.
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). The Plan change amends specific policies, a definition and rules applying to the Airport Zone. It removes the prohibited activity status of some specific land use activities so that resource consent can be sought. The Plan Change enables resource consent to be sought for:
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”.
What is the relationship with the Proposed District Plan Hearings Process?
The hearing and decision-making process for Private Plan Change 84 to the operative District Plan 1999 is a separate process to that for hearing and deciding on submissions to the Proposed District Plan (PDP). However, because the substance of the private plan change is similar to some submissions to the PDP, the PDP Hearing Panel heard Private Plan Change 84 immediately after hearing submissions on Chapter 6 of the PDP (which contains the Airport Zone provisions).