ADDENDUM TO SECTION 32 EVALUATION REPORT:
SECTION 17.1:
NATURAL FEATURES AND LANDSCAPES
PROPOSED HASTINGS DISTRICT PLAN
NOVEMBER 2013
Section 32 Evaluation: Section 17.1 – Natural Landscapes and Features
Proposed Hastings District Plan
ADDENDUM TO SECTION 32 EVALUATION
SECTION 17.1 – NATURAL LANDSCAPES AND FEATURES
INTRODUCTION
A Section 32 Report on the Natural Landscapes and Features provisions for the Reviewed District
Plan was completed by consultants Boffa Miskell Ltd. This addendum to the Section 32 Report has
come about as a result of the internal review of the section.
This has resulted in some amendments to the Natural Landscapes and Features section (17.1). The
amendments apply to the provisions of the Draft District Plan, to which the Boffa Miskell Section 32
Report was prepared for.
There have also been some amendments made as a result of the submissions received on the Draft
plan and these are also included in this S32 Addendum.
This addendum report only deals with the changes that have occurred as a result of the review and
submissions received on the Draft District Plan. The changes are principally associated with the
Policies however for completeness sake the Objectives to which the policies relate have also been
included. Where provisions have been deleted this is shown as strikethrough and new content has
been identified as such.
Objective
Number
Objective
Appropriateness
LSO 1
The natural and
cultural
factors,
values
and
associations
that
define the Districts
outstanding natural
features
and
landscapes
are
identified,
and
protected
from
inappropriate
subdivision,
use,
and development.
The matters of national importance under the RMA dictate that the
Council must recognise and provide for the protection of outstanding
natural features and landscapes from inappropriate subdivision, use,
and development. Landscapes are an important issue for the District.
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Section 32 Evaluation: Section 17.1 – Natural Landscapes and Features
Proposed Hastings District Plan
Policies, Rules and Other Methods
Number Policies Rules and Other Efficiency
Methods
(Costs and Benefits)
(Summary)
Effectiveness
(Consequences/risks)
LSP1
Recognising
Outstanding
Natural Features
and Landscapes (ONFL) and
their factors
values and associations by
assessing the
extent to which criteria are
met
Allows for transparent and
straightforward
communication of key factors
that lead to classification.
Current provisions do not set
out the basis for evaluation.
Explicitly identifies the factors
taken into account and provides a
framework for consistent
implementation.
Factors are drawn from case law
and best practice methods.
Consistent with adjacent Regional
and District Plans and policies.
LSP2
Providing for the protection
of the particular
factors,
values
and
associations that make
an area an outstanding
natural feature and
landscape from the adverse
effects of
inappropriate subdivision,
use and
development, by considering
a range of
matters including place
specific
management issues.
Explicitly
identifies
the
matters
that
will
be
considered
in
any
applications for resource
consent
The current plan provisions
are generic and
do not provide clear guidance
and what
effect will be taken into
consideration.
Consistent with adjacent Regional
and District plans and policies.
Although this Policy was not
in the Draft Plan it has been
carried over from the
Operative District Plan.
Consistent with cultural values.
As stated in the Costs and
Benefits column the range of
matters are those that will
be considered in any
applications for resource
consent and therefore these
matters should not be policy
and are better placed as
Assessment Criteria for
consent
applications
applying to Outstanding
Natural
Features
and
Landscapes.
New
Policy
LSP2
“Protection of the present
landscape qualities of Te
Mata Peak shall be afforded
the highest priority through
the District Plan”
As the most highly visible
landscape in the District and
the one that is subject to the
most pressure this policy will
make it clear that it is
afforded the highest level of
protection. Provides certainty
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Establishes policy for explicit
identification of no build 240m
contour line and controls for
building below this level.
Section 32 Evaluation: Section 17.1 – Natural Landscapes and Features
Proposed Hastings District Plan
to both landowners and the
community.
Maintains current plan policy
and gives effect to Objective
LSO1 and the purpose of the
Act, including specifically
section 6(b).
A cost is that it could
establish a platform for
comparison against other
Outstanding Landscapes.
New
Policy
LSP3
“Buildings,
Plantations,
Earthworks and Network
Utilities will be restricted on
Identified
Outstanding
Natural
Landscapes
throughout the District.”
Although this Policy was not
in the Draft Plan it has been
carried over from the
Operative District Plan.
Provides
for
integrated
management
of
the
landscape resource.
Clearly signals the type of
activities that are likely to
adversely impact on the
Outstanding
Natural
Landscapes and Features.
Maintains current plan policy
Ties in with the assessment
criteria in the Earthworks and
Network Utilities Sections. Explicit
assessment criteria for these
activity types are included in this
section of the Plan.
Will require those involved in
these types of activities to make
resource consent and carefully
assess the effects of the activity
on the landscape and consider
alternatives. This will be effective
in achieving a positive outcome
for the landscape or natural
feature.
Supports regulation which
has the effect of being an
increased cost to developers.
New
Policy
LSP4
“Subdivision on land within
an Outstanding Natural
Feature and Landscape
identified in Appendix 43 of
the District Plan shall have
regard to the impact of the
subdivision
or
possible
activities that may occur as a
result of the subdivision
undertaken.”
Although this Policy was not
in the Draft Plan it has been
carried over from the
Operative District Plan.
Provides
for
integrated
management
of
the
landscape resource.
Allows consideration to be
given to the land use effects
that will arise as a result of
the subdivision process.
Provides clear direction to
landowners and developers
of
land
affecting
an
Outstanding
Natural
Landscape or Feature that a
change of activity status may
occur as a result of the
subdivision.
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The effectiveness of this policy is
reinforced by the controlled
activity status complying for
subdivision generally insofar as
consent will be require. Although
a controlled activity consent must
be granted so there is limited
discretion in the landscape effects
that can be considered for a
complying subdivision.
Most of the District’s Outstanding
and Significant Landscapes are in
the Rural Zone. In this zone the
creation of rural lifestyle sites has
a restricted discretionary nonnotified status with an ability to
consider landscape effects and
therefore put into effect this
policy.
Higher activity status also apply in
Section 32 Evaluation: Section 17.1 – Natural Landscapes and Features
Proposed Hastings District Plan
specific Outstanding Landscapes.
Maintains current plan policy
New
Policy
LSP5
“All
subdivision
land
development activities will
be encouraged to have
regard to the landscape
features and character of
the site and locality.”
Although this Policy was not
in the Draft Plan it has been
carried over from the
Operative District Plan.
Allows consideration to be
given to the land use effects
that will arise as a result of
the subdivision process.
Can provide an opportunity
to educate the landowner
ahead of development of the
site.
The Council has produced a Good
Practice Landscape Guideline for
Subdivision and Development that
is a good education tool to
encourage developers to avoid or
mitigate the effects of their
development on the landscape.
This is referenced in the
subdivision
section
methods
helping to give effect to this
policy.
Maintains current plan policy
Objective
Number Objective
Appropriateness
LSO 2
The other matters under the RMA dictate that the Council must
have particular regard to the maintenance and enhancement of
amenity values. Landscapes are an important issue for the District
and provide identity and sense of place and help to enable the
community to provide for their social, cultural and economic wellbeing.
The values that define the
District’s Significant Amenity
Landscapes are identified,
maintained, and enhanced.
Policies, Rules and Other Methods
Number Policies Rules and Other
Methods
(Summary)
Efficiency
(Costs and Benefits)
Effectiveness
(Consequences/risks)
New
Policy
LSP8
Although this Policy was not
in the Draft Plan it has been
carried over from the
Operative District Plan.
This is a new policy added to the
Proposed Plan as the Draft District
Plan had no policy to give guidance
on the matters that need to be
considered when subdivision and
development is taking place within
the
Significant
Amenity
Landscapes. It is important such
policy guidance to be provided.
Subdivision,
use
and
development
on
Rural
residential zoned land in the
Significant
Amenity
Landscapes identified in
Appendix 44 of the District
Plan should be of a type,
scale design, and location
that maintains the key
landscape elements, patterns
and
character
which
contribute to the character
of these areas.
Maintains
policy.
current
plan
Subdivision and land use will
be based around the visual
quality and character of the
SAL areas.
As many of the SAL areas
adjoin the Outstanding
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Section 32 Evaluation: Section 17.1 – Natural Landscapes and Features
Proposed Hastings District Plan
Natural Landscapes and
Features this policy will
assist in maintaining and
enhancing the landscape in
the ONFL’s.
Objective
Number Objective
Appropriateness
LSO3
The other matters under the RMA dictate that the Council must
have particular regard to the maintenance and enhancement of
amenity values. Landscapes are an important issue for the District
and sense of place and help to enable the community to provide for
their social, cultural and economic well-being.
The values that define the
District’s Rural and Coastal
Landscape Character Areas
are identified, maintained,
and enhanced.
Policies, Rules and Other Methods
Number Policies Rules and Other
Methods
(Summary)
Efficiency
(Costs and Benefits)
Effectiveness
(Consequences/risks)
LSP6
LSP9
Areas are identified based on
visual quality and character.
The Operative District Plan makes
no provision for control of
development in areas that have
landscape character that is highly
valued by the community but falls
outside the ONFL and SAL
classification.
Identifying Rural and Coastal
Landscape Character Areas
where broad areas are highly
valued for their cultural
patterns of land use, rather
than their natural landscape
values.
Identifies the general scope
of matters that will be
considered in applications
for subdivision consent.
For land use, the underlying
land use control methods
are considered generally
appropriate, particularly in
the context of tighter control
of
urban
development
signalled through HPUDS.
Larger scale rural uses such
as rural industry or out of
zone activities would require
resource consent or plan
changes that would provide
the scope to consider
landscape matters.
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The primary impact on cultural
patterns of use is shaped through
subdivision.
For character areas that are valued
more for their cultural patterns,
the expectation is that the
landscape will continue to evolve
over time and that needs of
working landscapes should be
clearly recognised.
In these circumstances the most
appropriate control is generally at
the time of subdivision where
cumulative effects of development
and land use can be influenced for
the long term.
Section 32 Evaluation: Section 17.1 – Natural Landscapes and Features
LSP7
Maintaining the character
and amenity values that
make an area a Rural or
Coastal Landscape Character
Area
by
guiding
and
controlling site development
and layout that may have a
significant cumulative effect
on those values.
This policy has been deleted
as it is largely covered by the
Policy above (LSP9).The
wording of this policy is an
appropriate explanation of
what is to be achieved by
Policy LSP9 and has been
included in the Plan as such.
Identifies the general scope
of matters that will be
considered in applications
for subdivision consent.
For land use, the underlying
land use control methods
are considered generally
appropriate, particularly in
the context of tighter control
of
urban
development
signalled through HPUDS.
Larger scale rural uses such
as rural industry or out of
zone activities would require
resource consent or plan
changes that would provide
the scope to consider
landscape matters.
Proposed Hastings District Plan
The primary impact on cultural
patterns of use is shaped through
subdivision.
For character areas that are valued
more for their cultural patterns,
the expectation is that the
landscape will continue to evolve
over time and that needs of
working landscapes should be
clearly recognised.
In these circumstances the most
appropriate control is generally at
the time of subdivision where
cumulative effects of development
and land use can be influenced for
the long term.
AMENDMENTS AS A RESULT OF SUBMISSIONS TO THE DRAFT PLAN.
Additional Rule - LS3
Plantations up to a vertical distance of 40 metres below the ridgeline – Permitted Activity
A submission received on the Draft Plan stated that the Plan has rules that prevent plantations being
established on Outstanding Natural Features and Landscapes but that there should also be a rule
that prevents plantations on the ridgelines of the Significant Amenity Landscapes. This relates to
Objective LSO2
Policies, Rules and Other Methods
Number Policies Rules and Other
Methods
(Summary)
Efficiency
(Costs and Benefits)
Effectiveness
(Consequences/risks)
New
Rule LS3
This rule will recognise the
impact that the plantations
can have on skyline views of
the landscape in various
locations.
It will be effective as this rule
targets only those Significant
Amenity Landscapes that have
identified the retention of the
open uninterrupted skyline along
the hillside as an issue applying to
it. There is no standard for planting
below the ridgeline for the
majority of the SAL’s.
Plantations up to a vertical
distance of 40 metres below
the ridgeline.
The rule recognises the
qualities of those SAL’s that
have dominant skyline views
and will meet objective LSO2.
There will be a cost of loss of
production to landowners as
a result of the rule being
implemented.
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Section 32 Evaluation: Section 17.1 – Natural Landscapes and Features
Proposed Hastings District Plan
Additional Rule – LS4
Underground lines associated with Network Utilities– Permitted Activity
A submission received on the Draft Plan requested that consideration be given to allowing the
undergrounding of lines associated with Network Utilities as a permitted activity. This relates to
Objective LSO1
Policies, Rules and Other Methods
Number Policies Rules and Other Efficiency
Methods
(Costs and Benefits)
(Summary)
Effectiveness
(Consequences/risks)
New
Rule LS4
While the undergrounding of the
utilities will have long term
positive effects on the landscape
the issue of the effects of the
undergrounding process are not
considered. There is a risk that the
earthworks associated with the
undergrounding could have a
significant
impact
on
the
landscape values in the short term
especially if there are no
reinstatement conditions.
Underground
lines
associated with Network
Utilities. Permitted Activity
in ONFL2-8 and SAL 1-9
This rule recognises the
difficulty faced by Network
Utility
Operators
in
establishing
their
infrastructure in the most
efficient way while avoiding
or mitigating the effects on
the landscape.
The rule may incentivise the
network utility operators to
underground
operations
resulting in an improvement
to the visual amenity of the
ONFL’s and SAL’s.
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