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  • Auckland Unitary Plan Interim Guidance On Historic Overlay

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    Ben Ross
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    Auckland Unitary Plan Interim Guidance on Historic Overlay Source: Auckland Unitary Plan Independent Hearings Panel

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    Auckland Unitary Plan Interim Guidance on Historic Overlay

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    Auckland Unitary Plan Interim Guidance on Historic Overlay Source: Auckland Unitary Plan Independent Hearings Panel

    Direitos autorais:

    © All Rights Reserved
    Baixe no formato PDF ou leia online no Scribd
    Sinalizar o conteúdo como inadequado
    114 visualizações6 páginas

    Auckland Unitary Plan Interim Guidance On Historic Overlay

    Enviado por

    Ben Ross
    Auckland Unitary Plan Interim Guidance on Historic Overlay Source: Auckland Unitary Plan Independent Hearings Panel

    Direitos autorais:

    © All Rights Reserved
    Baixe no formato PDF ou leia online no Scribd
    Sinalizar o conteúdo como inadequado
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    ‘AUCKLAND UNITARY PLAN INDEPENDENT HEARINGS PANEL TePaepaealeawao Motuhat ote MahereKotaangaoTanshiMakowoy Interim Guidance Text for Topics 029 and 030 Special Character and Pre-1944 15 July 2015 ‘This interim guidarce is provided for topics 029 and 030 Special Character and Pre-1944. “The district eve sections of the Proposed Auckland Unitary Plan tha this guidance relates tare listed in Appendix 1 to this guidance. Appendix aso lists the related interim Guidance already teleased by the Parl The purpose ofthis guidance is to inform all partes ofthe Panes interim poston and to. {ude their preparations for topic 078 Special Character and Pre-1044 Mapping, ‘This intrim guidaroe is propared as a result of having rad the submissions and having heard evidence ant legal submissions from submiters (including Auckland Counc). ‘The absence of gudance on any particular issue is not inanded to indicate thatthe Pane! thas no view on thal issue or that itis unimportant ‘This interim guidarce is nota recommendation within the meaning of section 144 ofthe ‘Local Government (Auckland Transitonal Provisions) Act 2010. Itis not binding on ‘submitter incuding the Counc) or on the Panel ‘The Panel does nat invite any further evidence in relation to this topic and wll ot enter into debate on this item guidance. However submiters and their representatives are weleome to raise any questions and eoek carficaton of tis interim guidance, EXECUTIVE SUMMARY ‘SPECIAL CHARACTER 1. The Panel isnot convinced by the arguments put forward by the Counc and some ‘submitters in topic 10 RPS Heritage and Special Character and topic 029 Special Character hat special character (or historic character as the Counc is sooking focal i Is histrichertage" requiring protection a8 a matter of national importance. 2, Tho Panel censiers that the Council wishes to change the basis for controls on the use and development of @ numberof residential areas from spacial character to histone character (Le. a change inthe policy basis from 57(c) and () of the RMA to '36(°) ofthe RMA) then it should prooeed by a plan change witha robust s22 analysis, ofthe relative benefits and costs of sucha change and enabling public participation ‘through the schedule 1 RMA process. PRE - 1944 DEMOLITION CONTROL OVERLAY 3. The Panel consiers that thee isa lack of robust 22 analysis and evidence to justy the incusion ofthe Pre-1844 Bulding Demoltion Control Overay inthe Pan. rr Gutonc Tot Toles 29 ard 030 2018-07-15 ‘ 4. the Counct wishes to pursue the Pre-1944 Demolition Control Overay this should be done trough e plan change process. Such a plan change shoud include the necessary mapping and provision / text work and a robust 932 analysis to justty the plan change. This should also include review of the implications of such @ protection ‘mechenism against the Plan's urban growth provisions, and the bass on which any ‘such controls founded in terms of s6 and 87 ofthe RMA, INTERIM GUIDANCE ‘SPECIAL CHARACTER ‘Scope for change 5. The Proposed Auckland Unitary Plan as notified identified and proposed provislons for “special character areas’. In B.4.2 Special Charactor tho Introduction states“. special character areas the maintenance and enhancement ofthe amenity values ard ‘quality ofthe environment..." These are s7 matters under the RMA. 6. Throughout the hearing process, a both Regionsl Poicy Statement (RPS) and distret pian level, the Counc has proposed to change “special character’ to “historic ‘character’ and stated tha this is based on s6()~ the protection of historic heritage 9s ‘2 matter of national importance. The Counel acknowledged that thi is eignifcant philoscphical shit 7. Submiters and the Panel questioned whether there is scope in submissions to make ‘such achange, 8. The Counc provided an analysis ofthe scope matter ints closing statement. It Considars tha the submissions from the Civic Trust, The Character Coaltton, Remuera Hertage, Hertage New Zealand Pouhere Taonga, Davonport Heritage and Mr Gary Russel provide the necessary scope. 8. For present purposes the Panel assumes that here is scope and proceeds on this basis to consider the ments ofa change from ‘special character to historic charactor ‘and the implication ofthis. ‘The range of heritage and character matters 10. The Panel agrees that there isa range of ‘heritage’ and ‘character* matters that are adéressed bythe provisions in the Proposed Auckland Unitary Plan. While different aspect of the range may over mn parcular reumstances, its stil essential to Understand the separate bases for thom in order fo deny approprate objectives and policies for each aspect. 11. The highest level of protection of historic hertage and contol of land use is for “istrc hhentage”. These are the scheduled tems and some associated surounds and areas inthe Proposed Auckland Unitary Pian. The protection of histor heritage fom Inappropriate subdivision, use and development is required to be recognised and rovided for as a matter of national importance. AL a somewhat lower level inthe ‘ange is ‘special character, to which particular regard needs o be had tothe ‘mainterance and enhencement of amenity valves and the qualty ofthe environment. Irri Gulare Tent or Topics 029 e080 201507.15 2 12, For the avoidance cf doubt, in identifying and proving for those two levels of protection in the PAUP one must not ose sight ofthe importance of providing forthe ‘ange of amenity veues generally and the qualiy of the environment overall. Allof these levels frm part of enabling people o provide for he several dimensions of thoir wel-being while appropriately addressing th effects oftheir activities on the environment now aed inthe future. 13. tn this way, historic hertage fs ferent from and shouls not be contused withthe character ofthe bul envronment, whatever qualifiers attached to “character”. The Policy basis for the management regime dealing with effects on characteris under 87 ‘and not under £6 14. On the mers of the submissions and evidence before It the Panel isnot convinced by ‘the arguments put forward by the Council and some submitters in topic 010 RPS Heritage and Special Character and topic 029 Special Character that special character (or historic character as the Counc i seeking to call) “historic heriage™ requiring protection a8 a mater of national importance. 15, The reason for hiss thatthe relevant slatutory considerations under s6 versus 87 are very different. As aresul, the application of them would significantly change the ‘management regime as set out in the notified Pan, 16, Even while accepting (lor present purposes) that ther is scope fr such a change, the Panel is concemed about the natural justice implications to those who may have chosen not to submit to the Plan as they may have been salsied withthe nature and ‘extont ofthe specia character areas being applied. The Pane! considers thatthe CCoune's proposal elevate what it now calls historic character to @ mater of national Importance through this process is inappropriate, 17. The Panel considers thatthe Council wishes to change the basis for controls on the Use and development of @ number of resientil areas from special character to historic characte (2. a change inthe polcy basis from s7(c) and (fof the RMA to 's6(0) ofthe RMA) then It should proceed by a plan change wth robust #32 analysis ‘ofthe relative benefis an costs of such a change and enabling public participation through the schedule 1 RMA process. ‘Special Charactor Provisions. 18. The Panel supports the reviewed provisions provided by a numberof partes at the hearing, including tre Council and Housing New Zealand, as being generally appropriate to address special character and s7 issues. Special Character Statements, 418, The Pane considers that the function of special character slatoments within the Plan is to descibe the distacive eloments ofthe charactor of places or areas in arms ofthe ‘amoniy values ane the quality ofthe environment of those places or areas, but not by ‘seeking to protect hstori herttage items. na Guincs Tet fr Topi 029 an 90 2015.07.15. 20, The Paral considers thatthe revised special character statements attached tothe ‘evidence of Mr Matthews forthe Counc mare clearly attributes and describes the ‘special characteristics ofa particular area on that bass Total or Substantial Demolition Rule 21. The Parol is searching for consistency n the use ofdemoition” inthe PAUP. At this ‘stage tha Panel wishas fo review tha naveral formulations put forward by partes in these tosis and compare them to formulations! varatons/defintionsluses in other topics. Howick Special Character Area 2, Tha Counel sought to remove Howick from the Special Character Business Overay land this was opposed by a numberof Howick submiters. The Council acknowledged ‘here were no submissions to do this. On the bass ofthis guidance, the Pane! considers that Howick should remain a special character area. If the Councl wiehes to provide something ferent for Howick it would need to pursue this va @ plan change to enable potential submitters in Howick to address such a proposal direct. ‘Additional Special Character Areas 23, The Pare does not support the incusion of addtional special character areas in the Plan at tis stage. It does not consider that suicient evidence or analysis has been providee to support such inclusion. 24. itis suggested that proponents of addtional special character areas seck to work wth ‘the Council. This would be witha view to defiring the character ofthe area and

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