Proposed Auckland Unitary Plan
(PAUP)
Presentation to the Watercare Board of Directors
November 2013
Today’s Presentation
• Overview of the Unitary Plan
– Why is the Unitary Plan Important for Watercare?
– What is the Unitary Plan?
– What does it cover?
• What does the Plan Mean for Watercare?
• Key issues affecting Watercare
– What we like and what we don’t
• Next steps
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Overview of the Unitary Plan
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Why the Unitary Plan is Important for Watercare
• Much of what Watercare does is subject to approvals under the Resource Management Act (RMA)
• The Unitary Plan is the statutory vehicle by which the Auckland Council will apply the RMA
• Decisions under the RMA include:
– Whether an activity is permitted or requires a consent
– Whether to grant consent for an activity where required, and – If granted, what conditions apply to the construction and operation of our facilities
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What is the Unitary Plan
• The PAUP is the plan that implements the RMA • It is a combined plan incorporating district and regional matters
• The Unitary Plan replaces*:
1 Regional Policy Statement
11 Regional and District Plans *Except for the Hauraki Gulf Islands District Plan
Unitary Plan
The Unitary Plan Process
• Council released “draft” Plan in March 2013
• “Feedback” on the draft was due 31 May 2013
– Watercare provided “feedback” directly and as part of the Auckland Utility Operators Group (AUOG)
• Proposed Auckland Unitary Plan notified 30 September 2013
• Submissions are due 28 February 2014
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Relationship of Council Plans
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Basic Structure of RMA Plans
Issues
Objectives & Policies
Rules
• The existing or potential problems that must be resolved (can also be positive opportunities)
• Objectives = desired outcomes
• Policies = course of action to achieve/implement objectives
• The regulatory tool to implement policies
• Provides for what can and can’t be done
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Rules – Activity Status Hierarchy
Permitted
DOES NOT NEED CONSENT – but still must meet relevant development controls
Controlled
NEEDS CONSENT BUT COUNCIL CANNOT DECLINE – plan specifies matters over which control is maintained
Restricted Discretionary
NEEDS CONSENT ‐ COUNCIL CAN DECLINE – plan specifies matters over which discretion is reserved
Discretionary
NEEDS CONSENT ‐ COUNCIL CAN DECLINE – discretion is unrestricted
Non‐complying
Prohibited
NEEDS CONSENT – Generally unanticipated activities/structures. Subject to higher scrutiny by the Council, therefore harder to obtain consent.
CANNOT APPLY FOR CONSENT
Structure of the Unitary Plan
Part 1 – Introduction and Strategic Direction
Chapter A: Introduction
Chapter B: Regional Policy Statement
Part 2 – Regional and District Objectives and Policies
Chapter C: Auckland‐wide objectives and policies
Chapter D: Zone objectives and policies
Chapter E: Overlay objectives and policies
Chapter F: Precinct objectives and policies
Part 3 – Regional and District Rules
Chapter G: General provisions
Chapter H: Auckland‐wide rules
Chapter I: Zone rules
Chapter J: Overlay rules
Chapter K: Precinct rules
Part 4 – Definitions
Part 5 – Appendices
Part 6 – Non‐statutory Documents
Part 7 – Designations
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What does the Plan Cover?
• Infrastructure ‐ network utilities, transport
• Mana Whenua
• Historic heritage • Natural resources – air discharges, water use/allocation, wastewater, stormwater, flooding, trees and vegetation, earthworks, contaminated lands, biosolids, lakes and streams) • Natural heritage – scheduled trees, outstanding landscapes and features
• Subdivision
• Zones – residential, business, industrial, open space, future urban, rural
• Coastal – use, discharges, structures
• Designations
What Does the Plan Mean for Watercare?
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How the Plan Affects Watercare
• It sets the policy and rule framework governing our ability to operate, maintain, repair, and upgrade our existing assets and install new assets
• It controls water takes and wastewater discharges
• It imposes constraints in targeted areas (ecological, heritage, and cultural)
• It provides for growth and therefore influences demand for water supply and wastewater services and where we need to upgrade and install infrastructure
• It contains Watercare’s designations
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Key Issues for Watercare
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Key Issues for Watercare
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Infrastructure/Network Utility Provisions
Overlays
Mana Whenua
Water Takes and Allocation
Wastewater Discharges Growth
– Greenfields – RUB areas
– Urban Zones
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Infrastructure ‐ What the Plan Says
• Objectives and Policies that generally recognise the importance of infrastructure, albeit also recognising the “adverse effects” • A “go‐to” network utility chapter containing the majority of the relevant rules for:
– Operation, maintenance, and repair
– Upgrading exiting infrastructure and new installations
• Specific infrastructure rules are generally permissive for the operation, maintenance, upgrading, and installation of network utility infrastructure
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Infrastructure ‐ What it Means
• Infrastructure objectives and policies are too focused on the adverse effects rather than the benefits
• Lack of clarity in the Development Controls creates uncertainty
– E.g., minor upgrading – clarity of definition as well as whether other activity rules apply
• Rules are not a “one‐stop” shop as was intended
– Other rule sets also apply, e.g. vegetation management
• Infrastructure rules are undermined by other “protectionist” provisions and overlays
– E.g., land disturbance which would otherwise be a permitted activity is a Restricted Discretionary Activity when it is within 50m of a Site or Place of Significance to Mana Whenua
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Overlays ‐ What the Plan Says
• There are 8 overlay groups, of which there are 25+ sub‐
groups including: – Natural Heritage – e.g., Outstanding Natural Landscapes, Volcanic View Shafts and Height Sensitive Areas, Notable Trees
– Natural Resources – e.g., Urban Lake Management Areas and Quality Sensitive Aquifer Management Areas, Significant Ecological Areas (land and marine)
– Mana Whenua – e.g., Sites and Places of Significance to Mana
Whenua
• Apply to natural or physical resources and cultural/historic resources with special characteristics that traverse various zones/landforms
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Applying the Overlay – Construction of a New Pipe
Open Space
Residential
ROAD
Permitted Activity
Permitted Activity
Water Supply Pipe
Non‐complying Activity
Permitted Activity
Overlay
Overlays ‐ What it Means
• Adds another layer of controls – usually highly protectionist
• Draft had “network utility override” in network utility chapter for some overlays but now removed
• Some overlays now provide some network utility activities
– focus is mostly on providing for operation, maintenance, and repair of existing infrastructure
– uncertain status of new infrastructure • Treatment in overlays inconsistent and unnecessarily
restrictive
• This is major issue for Watercare and other utility operators
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Mana Whenua – What the Plan Says
• Mana Whenua given significant recognition in Plan
• Mana Whenua overlays
– Sites and Places of Significance to Mana Whenua (61 Sites) – indicated as by ∆ on the maps
– Site and Places of Value to Mana Whenua 3600 areas) – indicated by circles on the maps
• Requirement for Cultural Assessment for all Sites identified on the maps and other activities specified in the rules including:
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Discharges to water or the Coastal Marine Area (CMA)
Structures affecting river beds and the CMA
Construction of ‘Significant Infrastructure’
Land disturbance within an archaeological site or on the Cultural Heritage Inventory.
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Mana Whenua – What it Means
• Overlays provide for operation and maintenance of network utilities – BUT no excavation!! – Earthworks is a Discretionary activity so all maintenance of existing network requires consent
• Many of Watercare’s projects will require Cultural Impacts Assessments
– Each iwi authority has discretion to provide individual CIA or collective CIA
• Cultural impact assessment requirement is too onerous
– Lack of clarity and certainty about which iwi will be involved (particularly as their areas of interest overlap)
– Scope of assessments too broad
– Iwi not resourced to cope with response
• Potential for significant project delays and costs
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Water Takes and Allocation: What the Plan Says
• Objectives and policies give priority use for municipal water supply
• Large takes and use of water for municipal water supply from dams, rivers and groundwater – all Discretionary
• Sets limits on how much water can be taken from rivers, groundwater – Dams are exempted from the limits 23
Water Takes and Allocation: What it Means
• Policy priority for municipal water supply is good but not reflected in the rules
• Regulation is about the same as it is now
• Request for more permissive rules for reconsenting takes from existing dams not taken on board
• Policies on water shortages removed
– Removing guidance on how water restrictions would be implemented
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Wastewater: What the Plan Says • Recognises importance of wastewater to public health and the environment
• Discharges to freshwater and coastal are as follows:
– Network overflows
• Existing areas – Controlled • New areas – Permitted
• Combined sewers – Restricted Discretionary
– Wastewater Treatment Plants
• Discretionary
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Wastewater: What it Means
• Discharges to freshwater – generally more permissive, helpful, and should reduce costs
• Coastal discharge provisions
– Now align with freshwater provisions
• Some changes to the wording is necessary to reduce uncertainty
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Growth
• Two types of growth:
– Greenfields – Rural Urban Boundary (RUB)
– Intensification of existing urban areas
• Plan retains “70:40” split for growth
– Up to 70% of total new dwellings by 2040 occurs within the metropolitan area 2010
– Up to 40% of total new dwellings by 2040 occurs outside of the metropolitan area 2010
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Growth in Greenfields: What the Plan Says
• Establishing the RUB boundary to provide for 30 years growth – RUB line proposed for North, West, and South
– Additional RUB work for other areas still to be done
• Areas in RUB will be zoned “Future Urban” (effectively a holding pattern until zoned urban)
• Subdivision in Future Urban land is a Prohibited Activity • Land must go through Structure Planning Process
– Includes water supply and wastewater capacity assessment
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Growth in Greenfields: What it Means
• The “theory” is good • Plan “provides for” the sequencing of growth with appropriate structure planning to consider infrastructure requirements • Key issue: Timing and sequencing
– What areas will be developed first and when?
• Also structure planning can be piecemeal rather than looking at the “big picture” for an area
– Structure plan can be undertaken by Council, developers, or as partnerships
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Growth in Urban Areas: What the Plan says
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Plan provides for significant “upzoning” of existing areas
– “Mixed housing” zone covered 49% of the residential zones but now is divided into two – Mixed housing – urban and Mixed housing ‐ suburban
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Development control rule included in these zones to ensure that development can be serviced by connection to water supply and wastewater network
– Includes “method” providing that applicants for a building consent must demonstrate available connections to water supply and wastewater networks
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Subdivision Rules – Objectives and policies support a coordinated approach with provision of utilities
– Draft rules providing for subdivision of land with water and wastewater with limitations is Discretionary activity removed
– Now relies on assessment criteria including whether there is “capacity”
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Growth in Urban Areas: What it Means
• Significant issue for Watercare particularly in the Mixed Housing zone – although less so with creation of two zones
– Mixed Housing zone enables significantly higher development densities than at present
• Tension between “planned growth” and “market led” growth – we just don’t know where the growth will happen or when
• Key questions for Watercare
– What level of control do we need? and
– To what extent is the Unitary Plan the right place for this?
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Next Steps
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Next Steps ‐ Submissions
• Submissions due 28 February
• Council acknowledges that CCOs have legal right to make a submission
– But wants a “supportive” submission
• Council has set out process for collaboration and escalation of key issues with a view to coming to agreed position
• Watercare is working with the Auckland Utility Operators Group on a joint submission – Submission focused on pan‐utility issues only
Hearings Process
The Government has set up a special 1‐step process for the first Auckland Unitary Plan (versus the existing 2‐step process under the RMA)
Independent Hearing Panel Appointed
Hearing(s) Held
Council accepts recommendations: Appeal rights limited to points of law Panel Recommendation 3 years
Council Decision after 20 working days
Council rejects recommendations: Full appeal rights
Final Thoughts
• A supportive Unitary Plan is critical to Watercare’s ability to conduct its business in a cost effective way
• Important that Watercare is able to deliver its own submission to the Council Hearing Panel
– We have the specialist knowledge of what will assist us deliver water supply and wastewater services to Auckland
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