BEFORE THE CHRISTCHURCH REPLACEMENT - … of the word “potential” is necessary to achieve the Panel's intent for that provision. The Council has a concern that the inclusion of

BEFORE THE CHRISTCHURCH REPLACEMENT DISTRICT PLAN INDEPENDENT HEARINGS PANEL

IN THE MATTER of the Resource

Management Act 1991 and the Canterbury Earthquake (Christchurch Replacement District Plan) Order 2014

AND IN THE MATTER of the Open Space

Stages 2 and 3 Proposals (and relevant definitions)

MEMORANDUM OF COUNSEL FOR CHRISTCHURCH CITY COUNCIL

REQUESTING CORRECTIONS TO DECISION 35 AND DECISION 34 (FULTON HOGAN / TEMPLETON COUNTRY CLUB)

OPEN SPACE AND RURAL CHAPTERS

2 September 2016

Barristers & Solicitors

D J S Laing / W M Bangma / H P Harwood Telephone: +64-4-499 4599

Facsimile: +64-4-472 6986 Email: [email protected] PO Box 82402 SOLICITORS WELLINGTON 6140

1 Decision 35 Minor Corrections Memorandum - SG Comments - 28327253 v 1.DOCX

MAY IT PLEASE THE PANEL:

Introduction and jurisdiction

1. This memorandum on behalf of the Christchurch City Council (Council)

respectfully requests the Panel make corrections and clarifications to, its

Decision 35: Open Space Chapter, dated 12 August 2016 (Decision).

Because of the interrelationship between the Decision and the Rural Decision

(Decision 34) in respect of the Fulton Hogan proposal at the Templeton Golf

Course, this memorandum also contains some requests which also relate to

the rural provisions.

2. The Panel has the power under clause 16 of Schedule 3 of the Order in

Council to make minor corrections to its decisions and proposals. Clause 16

states:

16 Minor corrections

(1) The hearings panel may, at any time, issue an

amendment to a decision to correct a minor mistake or

defect in a decision of the panel.

(2) This power includes the power to amend or correct a

proposal, provided that the amendment or correction is

made before the proposal becomes operative in

accordance with clause 16 of this order.

3. The Panel discussed the scope of this power in its decision making minor

corrections to Decision 9 Temporary Activities 6A, 6B and 6C.1 In summary,

clause 16 of Schedule 3 of the Order in Council is similar to, but not exactly the

same as, clauses 16 and 20A of Schedule 1 of the RMA. Clauses 16 and 20A

of Schedule 1 of the RMA use the words "minor error" rather than "minor

mistake or defect". The Environment Court in Re an application by

Christchurch City Council2 said:

An error is simply a mistake or inaccuracy which has crept into the plan.

The obvious example is a spelling mistake or reference to a wrong

1 Decision to Make Minor Corrections to Decision on Temporary Activities, dated 22 October 2015, at

paragraphs [3] to [9]. The Panel also discussed what changes of "no more than minor effect" are for the purposes of clause 13(6) in its Decision 9 Temporary Activities 6A, 6B and 6C at para [19] to [25].

2 Re an application by Christchurch City Council [1996] NZEnvC 97.


paragraph number where there can be no doubt what number is

intended. It is analogous to the use of the slip rule in other Court

Proceedings. Thus rule 12 of the District Courts Rules 1992 make

provisions for correction of a judgment which contains a clerical mistake

or error arising from an accidental slip or omission. The fundamental

principle applicable to the use of the slip rule is that it may only be used

to correct a slip in the "expression" of a judgment not the "content".

4. The Environment Court determined a change would be within clause 16 of

Schedule 1 of the RMA if "the draftsperson seeks only to clarify what is clearly

intended by the document and does not in any way make a change to it which

alters its meaning".3

REQUESTS FOR CORRECTIONS

5. The Council seeks a number of corrections to the Decision to rectify mistakes

or inaccuracies or to assist users with navigating the Plan. In the Council's

submission, these corrections do not alter the substance (merits) of the

affected provisions. Consistent with the Council's practice, the Council has

included all of the corrections it has identified, including those of a very minor

nature in Attachment A to this application.

6. The Council respectfully requests that the Decision be corrected as set out in

this memorandum and Attachment A.

PLANNING MAPS

7. The Council's approach to the planning maps relating to this Decision is

explained in Attachment B to this memorandum. Attachment B also includes

requests for clarification and corrections in relation to the planning maps.

8. The Council will provide the Panel with amended maps separately on a USB

drive.

3 At page 11.


REQUESTS FOR MINOR CORRECTIONS FOR THE PURPOSES OF

CLARIFICATION

Templeton Golf Course/Fulton Hogan Quarry

9. As foreshadowed in the Council's application for minor corrections to Decision

34: Chapter 17 Rural (Stage 2) (Rural Decision) the Council respectfully

requests some additional corrections and clarifications in relation to the Rural

Quarry Templeton Zone provisions of Chapter 17 which are set out below.

17.6A.1 Pre-requisite conditions for zone to apply

17.6A.1 c. iii.

10. Under Fulton Hogan's proposal which is anticipated by the deferred zoning, the

Council would be the administering body of the new golf course and

associated facilities. The Council observes however that under the pre-

requisite conditions in 17.6A.1 the Council has no ability to provide input into or

approval of the design and construction of the new golf course, even though it

would ultimately administer that land.

11. If that was not intended by the Panel, the Council respectfully submits that the

following amendment to 17.6A.1 c. iii. would correct the provision:

The delivery to the Council of an executed contract on terms acceptable to the Council as administering body, acting reasonably, between Fulton Hogan Limited and/or Templeton Golf Club and the party responsible for constructing a new golf course and associated facilities, including clubhouse, on the land shown on the Planning Maps as "Ru Q or OSCP (Templeton)". The contract shall include provision for the following: …

17.6A.1 c. iii. 4.

12. In relation to 17.6A.1 c. iii. 4., the Council respectfully asks whether the

inclusion of the word “potential” is necessary to achieve the Panel's intent for

that provision. The Council has a concern that the inclusion of the word

"potential" adds uncertainty and may be unnecessary.


17.6A.1 c. iii. 4. B.

13. In relation to 17.6A.1 c. iii. 4. B., the Council notes that there are three Council

owned gravel reserves adjoining the existing quarry. Consequently, the

Council respectfully seeks clarification as to which two Council owned gravel

reserves the Panel is referring to in this pre-requisite condition (or all three).

14. The three Council owned gravel reserves adjoining the existing quarry are

shown on the diagram below as Pt Res 328 (SO 3430), Pt Res 329 (SO 3430)

and Pt Res 1378 (SO3430). To be abundantly clear in the plan, the Council

respectfully suggests that the legal descriptions of the correct parcels of land

be included in the rule.

Proposed bond - 17.6A.2.2 (C1) and 18.2.4.1.1 (C1)

15. In relation to the proposed bond, which is addressed in rules 17.6A.2.2 (C1)

and 18.2.4.1.1 (C1), the Panel made the following observations:

[419] Before leaving this topic we should say something about the

proposed bond/other security instrument which is, of course, intended to

manage risk to the Council. At this stage it is estimated that the golf course will

cost in the vicinity of $14 million, and the bond/security instrument is

intended to cover the actual cost of constructing the golf course and any

administration and enforcement costs. We accept that the rules must be


tight enough for the proposed bond/security instrument to achieve its

purpose, and we are satisfied that this can be achieved. [our emphasis]

16. The Council respectfully considers that rules 17.6A.2.2 (C1) and

18.2.4.1.1(C1) could benefit from some amendments to reflect what the

Council understands the Panel's intention to be in relation to the bond, as

expressed in the paragraph above.

17. In particular, the Council suggests some amendments to the relevant matter of

control in both rules below to clarify that the terms of the bond are a matter

within the Council's control.

18. Further, as presently worded, the rules are not expressly clear as to whether a

guarantee for the bond obligation can be required by the provisions. The

Council considers, as a matter of practice, that such a guarantee would be

essential for the bond to achieve its purpose. The Council respectfully

anticipates that the Panel's intention was for such a guarantee to be within the

scope of the rules. If so, and to put the matter beyond doubt (and therefore

prevent any future interpretation issues), the Council respectfully suggests

some amendments to both rules below.

Rule 17.6A.2.2 (C1):

Activity The matters over which Council reserves its

control:

C1 Quarrying activity provided

that:

a. Construction of six golf

holes within the Open

Space Community Parks

Zone (Templeton) is

completed; and

b. A bond guaranteed by a

bank is entered into

between the Council and

Fulton Hogan Limited

and/or Templeton Golf

Club to ensure

completion of

construction of the golf

a. The extent to which conditions are

required in order to give effect to:

i. The Development Plan and its

requirements in Appendix 17.9.3

(as specified in Rule 17.6A.4.8);

ii. The Noise Management Plan,

including the noise limited as

specified in Rule 17.6A.4.9; and

iii. The Landscape and Ecological

Management plan (as specified

in Rule 17.6A.4.10); and

iv. The quarry site rehabilitation plan

(as specified in Rule 17.6A.4.11).

b. Details of a bond or other security

instrument The terms of the bank


course and associated

facilities described in

Rule 17.6A.1 C. iii.

guaranteed bond, and its amount

being of sufficient sum to ensure

completion of construction of the golf

course and associated facilities in

accordance with Rule 17.6A.1 c. iii to

the satisfaction of the Council;

c. The extent to which conditions are

required to ensure that 18 golf course

holes are available for play at all times

across the Rural Quarry Templeton

Zone and the Open Space

Community Parks Zone (Templeton);

d. The extent to which conditions are

required to ensure that the design and

use of the proposed accesses do not

adversely affect the safety and

efficient functioning of the road

network .4

Rule 18.2.4.1.1 (C1)5

Activity The matters over which Council reserves its

control:

C1 c.a. A golf course, if it meets

the built form standards in

Rule 18.2.3, and provided

that:

c.b. a Landscape Plan has

been prepared by a suitably

qualified and experienced

expert showing:

i. …..

viii ….

d.c. A bond guaranteed by

a bank is entered into

between the Council and

Fulton Hogan Limited and/or

a. The extent to which conditions are

required in order to ensure:

i. The character of the golf course is

of a dry grassland indigenous to

the Canterbury Plains;

ii. Implementation of a Landscape

Plan;

iii. Creation of the Biodiversity

Conservation Area(s) specified in

the contract as required by Rule

17.6A.1.c.iii.3;

iv. Creation of a non-golf space as

specified in the contract as

required by Rule 17.6A.1c iii.4;

4 This text is an amendment requested in the Council's application for minor corrections for the Rural

Decision and has been included for completeness. 5 The Council also requests that the numbering of Rule 18.2.4.1.1 (C1) be corrected as show n above.


Templeton Golf Club to

ensure completion of

construction of the golf

course and associated

facilities described in Rule

17.6A.1 c. iii.

b. Details of a bond or other security

instrument The terms of the bank

guaranteed bond, and its amount

being of sufficient sum to ensure

completion of construction of the golf

course and associated facilities in

accordance with Rule 17.6A.1 c. iii to

the satisfaction of the Council;

c. The extent to which conditions are

required to ensure that 18 golf course

holes are available for plat at all times

across the Rural Quarry Templeton

Zone and the Open Space

Community Parks Zone (Templeton);

DECISION 34: RURAL PLANNING MAPS

Correction to planning map 29 (RUQ or OCP Templeton Zone boundary)

19. The Council provided the Panel with a full set of planning maps to reflect the

Rural Decision as part of its application for corrections for that decision dated

26 August 2016. The maps showed the rural zoning required to give effect to

the Panel’s decision on the Fulton Hogan zone deferred zoning proposal. As

directed by the Panel on page 144 of the Rural Decision, the Council rezoned

the parcels listed as "RuQ or OCP Templeton Zone".

20. Council has since identified that there are two parcels of land with the same

legal description (Pt Lot 5 DP 19504) but only one of these was then identified

and rezoned "RuQ or OCP Templeton Zone" on the planning maps provided

with the Council's application for corrections to the Rural Decision.

21. This has resulted in the parcel indicated in the figure below (one of the two

parcels described as Pt Lot 5 DP 19504) inadvertently being shown as Rural

Quarry (RuQ) Zone in the planning maps. The Council has confirmed with

Fulton Hogan that it was intended that this parcel be part of its deferred zoning

proposal.


22. Consequently, the Council respectfully requests that the correction be made.

To that end, the Council has annexed a corrected version of planning map 29

to this memorandum (Attachment C). The Council asks the Panel to replace

the previous version of planning map 29 with this version.

Planning map 36

23. The Panel’s zoning decision for the Templeton Golf Course site was

inadvertently not included in the planning maps provided with the Council's

application for corrections to the Rural Decision. A replacement planning map

36, which shows the Panel’s zoning decision for the Templeton Golf Cou rse

site as OCP or RuQT, is annexed to this memorandum as Attachment D.

DATED this 2nd

day of September 2016

__________________________________ D J S Laing / W M Bangma / H P Harwood

Counsel for Christchurch City Council

ATTACHMENT A – REQUESTS FOR CORRECTIONS

Correction sought to Decision

Paragraph and page references. Amendment requested

Paragraph [160] (Page 44)

McLeans Island Zone The Decision records at paragraph [160] that in relation to shooting ranges near Peacock Springs agreement was reached that the solution to the issue was to include a new Rule 6.1.4.2.11 in Chapter 6. In order to give effect to the agreed solution, the Council respectfully notes that Rule 18.4.2.4 D2 needs to be deleted, as follows:

D2 Shooting ranges located closer than 1 kilometre from the Peacock Springs Conservation Area as shown in Appendix 17.9.1.


Footnote 83 contains a reference to Bruce Rule at pages 2-5, however, Bruce Rule did not give evidence in the Open Space hearing. The Council respectfully seeks clarification as to which evidence from Mr Rule it

is referring to.


Reference is made in paragraph [184] to commercial-scale fireworks requiring resource consent within a setback. However the relevant Rule 18.4.2.1 P4 ii on page 179 of the decision references any fireworks, and does not specify “commercial-scale”. Accordingly, any fireworks are captured by the rule. The Council respectfully requests that the Panel insert "commercial-scale" fireworks into Rule 18.4.2.1 P4 ii rule to reflect the Panel's decision.

Paragraph [463](b) Deletion of P1 from Rule 18.3.2.1 (Page 121)

The Council notes that P1 in Rule 18.3.2.1 would need to be reinstated if the Definitions Revised proposal (CCC-Closing legal submission and Appendix E – Chapter 18 Open Space - Definitions, dated 16 August 2016) is accepted by the Panel.

The revised definitions proposal recommends removal of “minor sports facility” in the Open Space chapter and instead relying on the defined term recreation activities and facilities.

Correction sought to Proposal Provision

[page of decision]

Amendment requested

(additions in underlined bold text, deletions in strikethrough bold text) Policy 18.1.4 Policy – The role of open space and recreation facilities c.

(Page 128)

This policy was inserted to provide policy support for the specific provisions for privately (as opposed to publicly) owned metropolitan sports facilities contained in Table 1: Metropolitan Facilities – underlying zones, in 18.1A How to use the rules. These underlying zone provisions are only available to privately

owned metropolitan facilities and there are no equivalent provisions for the facilities/reserve land owned by the Council/Crown). The effect of the provisions is that, if a privately operated golf course ceases to operate as a golf course, the golf course can be developed for residential purposes by utilising the underlying zoning without a plan change. This option was intentionally not provided for publicly owned open space in the rules. Unless the Panel had intended a different direction for this policy in its decision, the Council respectfully requests that the reference to privately owned open spaces be reinstated in the Policy as follows: Policy 18.4.1

c. Provide for the redevelopment of privately owned open spaces no longer required for recreational activities in accordance with the rules of the zone most compatible with the surrounding environment.

Policy 18.1.4 Table 18.1.4 Open

Space Community Parks Zone F. (Page 128)

The Council respectfully suggests that for clarity Policy F (i) to (iii) refer to the sites as annotated on the

maps and/or to the address of the sites instead of referring to the "Rural Quarry (Templeton) Zone" or “Open Space Community Parks (Templeton) Zone”. The Council's preference is to refer to the addresses and the map annotation as set out below. The Council considers using the term "Rural Quarry (Templeton) Zone" or “Open Space Community Parks (Templeton) Zone may lead to confusion because that zone does not become "live" until the after the pre-conditions have been satisfied. The Council also notes that Policy (F.)(iii.) appears to refer to the future Rural Quarry Templeton Zone and the current Rural Quarry Zone as if they were one zone. The Council considers it necessary to clarify the distinction between the two sites as set out below. 18.1.4 Table 18.1.4 Open Space Community Park s Zone, Policy F(i) – (iii)

F. In the case of the Open Space Community Parks Zone (Templeton) at 325 Pound Road (shown as “RuQ

or OCP (Templeton)” on planning maps 29 and 36), a golf course, recreation activity, community facilities

and associated activities only if all of the following are satisfied prior to 31 December 2021:

i. the recreation reserve status applying to the site at 189 – 273 Pound Road Rural Quarry Templeton

Zone (shown as “OCP or RuQ (Templeton)” on planning map 29) is uplifted and placed upon the

land within the zone;

ii. any resource consent(s) to clear or fell indigenous vegetation, as required to undertake a quarrying

activity within the Rural Quarry Templeton Zone at 189 – 273 Pound Road (shown as “OCP or RuQ

(Templeton)” on planning map 29), is/are granted; and

iii. any quarrying activity undertaken within the Rural Quarry Templeton Zone at 189 – 273 Pound Road

(shown as “OCP or RuQ (Templeton)” on planning map 29) occurs in conjunction with development

of an international standard golf course in the zone on the land at 333 Pound Road shown as “RuQ

or OCP (Templeton)” on planning maps 29 and 36.

Policy 18.1.4 Table 18.1.4 Open Space Metropolitan Facilities Zone C. (Page 129)

While it is recognised that the meaning of the terms "multifunctional" and "co-location" have a degree of overlap, the Council respectfully considers that the terms have a subtle difference such that a minor clarification of this policy would be useful. In the Council's view, multifunctional use of a building or site is more the co-location of complementary or compatible activities. As such, the Council respectfully requests a minor amendment to Table 18.1.4 Open Space Metropolitan Facilities Zone c as follows: C. Capacity for multifunctional use, (i.e. co-location of complementary or compatible activities) and for

hosting city, regional, national or international events which provide entertainment to residents and visitors;.

Rule 18.1A – How to use the rules;

and 18.2.1, 18.3.1, 18.4.1, 18.5.1 and 18.6.1 (Pages 132, 134, 150, 176, 182 and 190)

The amendments introduced through Decision 35 replaced the ‘How to use the rules’ sections previously

set out at the beginning of each zone with a single set of provisions in Rule 18.1A. This rule is located at the start of the chapter, after the objectives and policies. The original location of “How to use these rules” at the start of each zone was specifically designed to allow for consistent and efficient functioning of the EPlan and its ease of use. It also allowed for the zone specific explanations to be located within the context of the applicable zone rules e.g. the 'underlying' zoning table for privately owned sites/facilities in the OMF zone (now Rule 18.1A(e.) Table 1). As a result, such zone specific information is now not easily found. It is respectfully suggested that in order to enable an easy link to the ‘How to use the rules’ section of the

chapter while using the Panel's approach, the words shown in the example below are inserted into 18.2.1, 18.4.1, 18.5.1 and 18.6.1:

18.2.1 Refer to Rule 18.1A for information on how to use these rules. Note that Rule 18.1A may contain information specific to the zone.

For Rule 18.3.1 the Council suggests additional words should be inserted as shown below:

18.3.1 Refer to Rule 18.1A for information on how to use these rules. Note that Rule 18.1A (b.), (e.) and Table 1 contain information specific to this zone.

Rule 18.2.2.1 P13; Rule 18.3.2.1 P18; and Rule 18.5.2.1 P9 (Page 136)

(Page 152) (Page 182)

The rules applicable to residential activity in the OCP Zone contained an exception from this Rule for residential activities within a heritage item. The wording of that exception has been changed in Decision 35, however, the intent of the exception may be clearer and better reflected if the activity specific standards for P13 are amended as follows:

P13

a. Unless Except as specified in P15, shall be located:

i. within an existing residential unit; or (…)

Similar amendments are recommended to the equivalent Rules in other zones as listed on the left.

Rule 18.2.2.1 P15; Rule 18.3.2.1 P21 Rule 18.5.2.1 P14; Rule 18.6.2.1 P17. (Page 137) (Page 152) (Page 183) (Page 192)

The word “additional” has been deleted from the wording of Rule 18.2.2.1 P15. The Council respectfully requests that the word be reinstated to make it abundantly clear that the activities listed in P15 are permitted in addition to all other permitted activities in Rule 18.2.2.1. The deletion of the word “additio nal” may inadvertently suggest that only the activities listed in P15 are permitted within a building listed as a heritage item which was not the intention of the rule. P15

The following additional activities within a building listed as a heritage item:

i. gymnasium;

ii. (…)

Rule 18.2.2.1 P20; Rule 18.5.2.1 P18; and Rule 18.6.2.1 P19.

To ensure consistency between the Activity specific standards (b.), (c.) and (d.) of the Rules listed on the left, the Council suggests the word “helicopter” be inserted before “movement” in (b.) and (c.) as shown below. “Helicopter movement” is a defined term and a hyperlink can then be used to the link the term with

(Page 137) (Page 152) (Page 184)

its definition. P20 a. Any heli-landing areas shall be limited to sites greater than 3000m² and located more than 450 metres from

any Residential Large Lot, Residential Small Settlement, Papakāinga, Residential Banks Peninsula or Commercial Banks Peninsula Zone;

b. There shall be no:

i. more than 12 flights (24 helicopter movements) in any calendar year; ii. more than five days of flights (helicopter movements) in any one month period; iii. more than three flights (six helicopter movements) in any one week;

iv. helicopter movements tak ing place within 25 metres of any residential unit unless that residential unit is owned or occupied by the applicant;

c. Any helicopter movements shall occur only between 0800 and 1800;

d. A log detailing the time and date of each helicopter movement shall be maintained and made available for inspection by the Christchurch City Council if requested.

Use of “Rule” notation for matters of discretion

(See page 164)

The Council notes that the word "Rule" has not been placed in front of all matters of control and discretion.6

The Council suggests "Rule" be added to the restricted discretionary tables in 18.3.4.1.3, 18.3.5.1.3.

Rule 18.2.2.3 RD13 Major sports facility at Elmwood, and Rule 18.2.2.4 D5 (Page 121) (Pages 142, 143)

Paragraph [462] (d) of the decision (on page 121) indicates that changes to the rules applicable to Elmwood Park have been made to align with the rules on the same proposal in the Specific Purpose (School) Zone of Chapter 21. The Council has noticed that the redrafting has led to some unintended consequences as follows:

1. The status of a major sports facility that does not contain any land in the adjoining Specific Purpose (School) Zone (Heaton Intermediate) will default to non-complying, when the default was intended

to be discretionary activity. At paragraph [196], the decision notes that: “ If a. and b. are not met, any development would default to fully discretionary activity”. This is because clause a. of Rule 18.2.2.3 has not been included in D5 (as it has for 18.2.2.3 b. c. or d). Clause a. needs to be included so that if it is not complied with it the activity can default to full discretionary.

The status of non-compliance with the landscaping requirements (c. and d.) was intended to be restricted discretionary activity (in the Final Revised Proposal), but by moving the provisions into RD13 and then also

6 As per paragraph [6] of the Panel's Minor Corrections to Decision 28 dated 31 August 2016.

into D5 it becomes full discretionary. This is also contrary to paragraph 196 -200 of the decision. The Council recommends the following amendments to Rule 18.2.2.4 D5: D5 A major sports facility on Lot 1, DP 12727 (that part of Elmwood Park located at 83D Heaton Street), that is not developed in conjunction with part of Lot 1 DP11232 (Heaton Intermediate Normal School) as required by Rule 18.2.2.3 RD13 a. and/or that does not meet the minimum contiguous net site area in Rule 18.2.2.3 RD13 b. or the landscaping requirements in rule18.2.2.3 c. and d. – RD13.

Rule 18.2.2.3 RD13 The Council notes that RD1 provides the default status of the activities in RD13 that do not meet the built form standards in Rule 18.2.3. For clarify and ease of use, the Council respectfully suggests an alternative way of setting the activity status for activities that do not comply with c and d of RD 13. The Council suggests that c. and d. be deleted from RD13 and instead be re-inserted as built form standards. In the Council's view, this would add clarity to RD13 which otherwise may imply that the landscaping is a critical part of a proposal for a major sports activity (which is the case for a. and b. but not for c. and d.). It is further recommended that the words “shall be a restricted discretionary activity except as specified in

rule 18.2.2.4 D1” at the bottom of RD13 be deleted or alternatively reference to D5 be included in the list for completeness: The amendments recommended are as follows:

RD13 A major sports facility on Lot 1, DP

12727 (that part of Elmwood Park located at 83D Heaton Street)

where:

a. it is developed in conjunction

with part of the adjacent Lot 1

DP11232 (Heaton Street

Intermediate Normal School,

125 Heaton Street);

b. the net contiguous site area set

aside for the major sports

facility is no less than 6,000 m²

across both sites.;

c. a 3 metre wide landscaped

area is established along all

Residential Suburban Zone

boundaries to be planted with

a minimum of 1 tree for every

10 metres of boundary; and

d. in addition to c, within on-site

car parking areas, 1 tree to be

planted for every 5 car

parking spaces.

shall be a restricted discretionary activity except as

specified in Rule 18.2.2.4 D1.

a. Minor and major sports facilities - Rule 18.7.1.

b. Park ing areas and public transport facilities -

Rule 18.7.5.

c. Traffic generation and access - Rule 18.7.3.

d. Landscaping and trees - Rule 18.7.4.

e.d. Overlook ing and privacy in relation to adjacent

residential properties and the remainder of the

school property.

f.e. Amenity of the neighbourhood - refer to Rule

21.6.5.1.

18.2.3.8 Landscaping Requirements a. The following landscaping requirements shall apply to a Major sports facility development on

that part of Elmwood Park located at 83D Heaton Street (Lot 1, DP 12727):

i. A 3 metre wide landscaped area shall be established along all Residential Suburban zone boundaries and shall be planted with a minimum of 1 tree for every 10m of boundary; and

ii. Within on-site car parking areas, 1 tree shall be planted for every 5 car parking spaces.

It is noted that changes would also be required to be made to the Specific Purpose (School) Zone Rules 21.6.3.4 D4 and 21.6.3.3 RD6 if the Panel agree to these changes because the activity status when a. is not complied with also defaults to non-complying rather than discretionary as indicated in the Decision (paragraphs [196] to [200]). The landscaping provisions also default to full discretionary as per Rule 21.6.3.4 D4, instead of restricted discretionary.

Rule 18.2.2.3 RD14; Rule 18.3.2.3 RD10; Rule 18.5.2.3 RD13; Rule 18.6.2.3 RD10 (Page 142)

(Page 154) (Page 186) (Page 195)

The cross reference to the Matters of Discretion in 9.4.3 needs to be updated to 9.6.3 following the

numbering change in Chapter 97. This applies to all activities listed on the left.

Additionally, as activity RD11 is deleted from Rule 18.2.2.3 RD14 (and deferred to Chapter 6), a numbering amendment is needed in RD14 as shown below.

RD14 Any activity listed above as RD1 –

RD1011 which is located within the Coastal Environment overlay area.

a. Refer to Matters of discretion for activities in the

Coastal Environment in 9.4 6.3

Rule 18.2.3.5; and Rule 18.5.3.4 (Pages 146 and 189)

Decision 35 introduced an exclusion for poles/light support structures from the recession planes built form standards in Rule 18.2.3.5 and 18.5.3.4. No equivalent exemption has been provided for in the Open Space Metropolitan Facilities, Open Space McLeans Island or Open Space Water and Margins Zones. The Council respectfully seeks clarification as whether this was intentional or whether the Panel intended the exclusion to apply in all open space zones.

Rule 18.2.3.6 Building footprint, site coverage and impervious surfaces Table 1

(Page 147)

At Rule 18.2.3.6 Table 1 column d, the provision needs to be corrected to include k. 466-488 Yaldhurst Road (Yaldhurst Recreation and Sports Facility). It is recommended that the clause be amended as follows:

18.2.3.6 Table 1 d. Greater than 10,000m2 in area unless specified in e. to j. k. below

Rule 18.2.2. Activity status tables

and Rule 18.2.4 Area Specific Rules – Open Space Community

Rule 18.2.4 cross references to Rule 18.2.2 and requires compliance with Rule 18.2.2 unless specified

otherwise in 18.2.4. In 18.2.2.1 P8 a golf course is a permitted activity on sites greater than 10,000sqm. However in 18.2.4.1.1 a golf course is a controlled activity subject to conditions and the built form standards

7 Chapter 19 - CCC Closing legal submission, dated 22 March 2016

Parks Zone (Page 134) (Page 148)

in 18.2.3. The Council suggests that it is clarified in the rules that a golf course in the Open Space Community Parks Zone (Templeton) is a controlled activity and that P8 of Rule 18.2.2.1 P8 does not apply to the Templeton site. The following amendment is recommended:

18.2.4 Area specific rules – Open Space Community Parks Zone The following rules apply to the areas specified. All activities are subject to Rule 18.2.2 (excluding 18.2.2.1 P8) and Rule 18.2.3 unless specified otherwise in 18.2.4. It is further suggested that the clause above would be clearer f it was included within 18.2.4.1.

Rule 18.3.2.1 P21 (Page 152)

In addition to including the word "additional" as discussed above, the Council suggests clause i. be deleted for consistency.

As part of the mediation agreement with the Crown, any activities listed for a heritage item building which duplicated the general list of permitted activities within the zone were deleted to avoid unnecessary duplication. Inadvertently, activity “i. recreation activity and/or facility” was not deleted from P21 in Rule 18.3.2.1 and for consistency with similar rules in other Open Space Zones, the Council recommends that P21 is altered as follows: P21

The following additional activities within a building listed as a heritage item:

i. recreation activity and/or facility;

i.ii. guest accommodation;

ii.iii. residential activity;

iii.iv. cultural facility.

Rule 18.3.2.3 RD15 and RD16 [154] [155]

Due to deletion of some restricted discretionary activities in Rule 18.3.2.3, the numbering of RD15 and RD16 no longer follows the numbering sequence. The Council respectfully requests that RD16 be shifted to follow RD10 and be renumbered to RD11 while RD15 (to be deleted when Chapter 6 provisions are confirmed by the future decision) can follow and retain its original number until deleted. The proposed amendments are shown below:

RD10 Any activity listed in Rules 18.3.2.1 P1 – P25

that does not meet one or more of the built form standards in Rule 18.3.3, unless otherwise specified

As relevant to the built form standard that is not met:

a. For rules 18.3.3.1, 18.3.3.2 and 18.3.3.3 - Setback

from boundaries – Rule 18.7.16.

b. Outdoor storage – Rule 18.7.17.

c. Building height - Rule 18.7.18.

d. Recession Planes – Rule 18.7.19.

e. Water supply for firefighting – Rule 18.7.20.

RD11 Any activity listed in Rules 18.3.2.3 RD1 -RD10 located within the Coastal

Environment overlay area.

a. Matters of discretion for activities in the

Coastal Environment in 9.4.6.3.

RD15 [Deferred to Chapter 6 General Rules] e. [Deferred to Chapter 6 General Rules]

RD16 Any activity listed in Rules 18.3.2.3 RD1 -

RD10 located within the Coastal Environment overlay area.

f. Matters of discretion for activities in the

Coastal Environment in 9.4.3.

Rule 18.3.3.9 Landscaping and trees (Page 160)

In clause a. iv. reference is made to a. to c. above when the numbering has changed. It is recommended that this clause be amended as follows: 18.3.3.9 Landscaping and trees a. ….

iv. The landscaped area along the Curletts Road (State Highway 75) frontage… in accordance with a.

to c. i to iii. above to minimise…

18.3.4.1.3 RD2

(Page 163)

Matters of discretion column:

Is it intended that matter of discretion 18.7.16 - Setback from boundaries apply to a non-compliance with

Rule 18.3.3.9 Landscaping and vegetation and Rule 18.3.3.3 Outdoor storage? If not it is recommended that this reference to these rules be deleted.

Rule 18.5.2.1 P13 (Page 183)

It is recommended that the word “additional” is inserted into P13 to make it clear that the activities listed in P13 are permitted in addition to all other permitted activities in Rule 18.5.2.1. The current wording may suggest that only the activities listed in P13 are permitted within the ON Zone at Ferrymead which was not the intention of the rule. It is recommended that P13 is altered as follows: P13

The following additional activities in the Open Space Natural Zone at Ferrymead:

i. Golf course,

ii. (…)

Rule 18.6.2.3 RD4 (Page 194)

All restricted discretionary activities listed in this Rule refer to “Any activity listed in Rule …”. RD4 is an exception referring to “Any permitted activity listed in Rule …”. For consistency it is recommended that the

rule is amended as follows:

18.6.2.3 RD4

Any Permitted activity listed in Rule 18.6.2.1 P12 ….”

Rule 18.6.2.4 D2 (Page 195)

As a result of renumbering the following minor amendments are recommended to this rule to: 1. replace the reference to RD11 with RD9 (amended number for “The future Pavilion building at 794

Colombo Street” restricted discretionary activity), 2. add a reference to 18.6.2.1 P7 in exceptions for clarity.

In addition as a result of an agreement8 reached with submitters Ngāi Tahu Justice Holdings/ Science Alive

(#3652) the discretionary activity D3 (in the hearing version of Chapter 18 text, dated 17 February 2016)

was deleted on the basis that the built form standard 18.6.3.7 (Maximum building footprint ) would control the size of new buildings /additions to buildings on the submitter’s site (refer 18.6.2.1 P24 and P25). Following further mediation with the Crown, it was agreed to delete built form standard 18.6.3.7 and rely on activity specific standards for controls on the maximum floor area of new buildings. Inadvertently, the deletion of 18.6.3.7 resulted in no controls for new buildings on the Science Alive site (P24 and P25). It is recommended that activities P24 and P25 are added to the list of activities in D2 which default to discretionary status if they require a new building. It is recommended that to resolve this unintended consequence of deleting the built form standard relating

8 Chapter 18, 3652 Ngāi Tahu Justice holdings and NZ Science and Technology Trust and CCC - Joint memorandum of agreements reached, dated 29 January 2016.

to the maximum building footprint (ex 18.6.3.7) the following amendments also be made so that D2 now reads with all amendments proposed as follows: D2 Any Permitted Activity listed in Rules 18.6.2.1, P4, P8, P9, P10, P13, and P20, P24, and P25 which requires the

construction of a new building except as specified in Rules 18.6.2.1 P7 and 18.6.2.3 RD1 and RD911.

Rule 18.6.2.4 D3 (Page 195)

This discretionary activity refers to development within an area defined in Appendix 14.10.10.2 Outline Development Plan (Wigram). The area referred to in the Appendix has been developed and is no longer subject to the ODP provisions. The Appendix has now been deleted from Chapter 14 and as a consequence D3 needs to be deleted from 18.6.2.4:

D3

Any activities and development within the area subject to the Outline development plan requirements in

Appendix 14.10.10.2 – Residential Established New Neighbourhood (Wigram) Open Space Network (refer also to Rule 14.6.4.3).

Appendix18.8.3 (Page 213)

An error in Appendix 18.8.3 – Recession Planes, diagram E. needs to be amended by inserting the word “Facilities” into the name of the “Accommodation and Community Facilities Overlay” referred to in E.

Chapter 8 – Subdivision, Appendix 8.6.14

The decision deletes Appendix 8.6.14, originally proposed to be inserted into Chapter 8. It is recommended that the placeholder for that appendix in Chapter 8 is amended to read: 8.6.14 – Appendix 8.6.14 – 27 Hunters Road This number is not used.

ATTACHMENT AA – APPENDICES 18.8.1 – 18.8.4

Appendices 18.8.1 – 18.8.4 have been amended to reflect replacement of Outline Development Plan with Development Plan and are attached for completeness.

North

47°

51°55°

51°

47°

43°

39°

35°

32°

29°26°

29°

32°

35°

39°

43°

North

55°

47°

45°

30°33°

39°

42°

45°

53°51°

49°

53°51°

49°

47°

36°33°

36°

39°

42°

North

55°

51°

50°

35°38°

44°

47°

50°

53°

52°

54°53°

52°

51°

41°38°

41°

44°

47°

54°

North

60°

56°

55°

58°

57°

45°

50°

59°

47°30'

52°30'

42°30'

59°58°

57°

56°

55°

52°30'

50°

47°30'45°

North

65°

59°

50°

56°

62°62°

59°

53° 53°

56°

63°30'

60°30'

57°30'

54°30'

51°30'51°30'

54°30'

57°30'

60°30'

63°30'

Boundary

Ground level

55°

45°

65°60°

50°

42°30'

Note: North is true north

2.3m

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P

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P

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P

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P

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P

Overlay Area.

Overlay Areas 1 and 2 and Spencerville

Residential Small Settlement Kainga

adjoin the Residential Suburban Zone,

● On sites in non-residential zones that

. Applicable to all buildings:A

Residential Hills Zone.

the Residential Density Transition Zone and

● On sites in non-residential zones that adjoin

. Applicable to all buildings:B

the Residential Medium Density Zone.

● On sites in non-residential zones that adjoin

Applicable to all buildings: .C

metres in height).

Zones (except those buildings over 11

adjoin the Residential Medium Density


Zone Higher Height Limit Overlay areas.

adjoin the Residential Medium Density


. Applicable to all buildings:D

Accommodation and Community Facilities Overlay.

Guest Accommodation Zone and

Overlay areas, Central City Residential Zone,

Medium Density Zone Higher Height Limit

residential zones that adjoin the Residential

● Over 11 metres in height on sites in non-

. Applicable to all buildings:E

Appendix 18.8.3 - Recession Planes

NORTHKEY

Land parcel boundary

20m building setback

Existing boundary shelterbelts

Primary vehicle entrance

Area 2

Area 3

0

SCALE (m) 1:2,5000 at A3

20 40 60 801020

special conditions1 Area 8.8.4(b) for1 - Refer to 1Area

5m landscape setback1

Tilia spp. - (lime tree) Populus yunnanensis - (Chinese poplar)

- (crow's nest poplar) Populus nigra x euramericana 'Crows Nest'

Pittosporum eugenoides - (lemonwood)

Liriodendron tulipifera 'Fastigiata' - (upright tulip tree)

Alnus cordata - (Italian alder)

list or an alternative species approved by CCC:

planting, and shall be a species from the following

setback shall be a minimum of 3m tall at the time of5 metre landscape13. The trees to be planted in the

0 metres apart.1 more than the boundary, and the trees in each row planted no

the outer row set back a minimum of 5 metres from

contain two staggered rows of trees 8 metres apart,

5 metre landscape setback shall be grassed, and shall1 lawfully established feature, the surface of the

2. Except where occupied by a vehicle crossing, or by a

row of trees. as the surrounding vegetation, to create a continuous

planted with the same species and at the same spacing

shall be retained, and any gap within them shall be

. Existing boundary shelterbelts shown on the plan1

Landscaping Requirements

Development plan boundary

Development Plan

Yaldhurst Recreation and Sports Facility

8.8.4(a)1Appendix

pp104001.dgn22/08/2016Date:

Map:

Christchurch City CouncilAssets and Network UnitTechnical Services and Design

145m

200m

80m

175m

200m

100m

15m

20m

15m

20m

15m

20m

15m

20m

Area 3

Area 1

Area 2

466-482

8.8.4(b))1(Refer to

8.8.4(a) Yaldhurst Recreation and Sports Facility Development Plan1Appendix

YALDHURST RD

NORTH

Development Plan

Yaldhurst Recreation and Sports Facility

8.8.4(b)1Appendix

Special conditions for Area 1

into Council records as RMA92023228 pages 10 and 11.

Light Aiming Angles Sheet 3 and Playing Fields A & B Flood Light Aiming Angles Sheet 5 entered

7. Flood lighting shall be angled in accordance with the Connetics Plans Main Playing Field Flood

900 seats.

maximum of 100m from the eastern site boundary and shall not exceed provision for a total of

1. Scaffold stand seating shall be located a minimum of 80m from the northern site boundary and a

provision for a total of 400 seats.

boundary and a maximum of 100m from the eastern site boundary, and shall not exceed

2. Seating within the clubroom stand shall be located a minimum of 175m from the northern site

adverse lighting effect on adjoining properties.

lighting design, installation and operation shall be implemented to control and minimise any

Ltd and entered into Council records as RMA92023228 pages 141 to 144 in relation to exterior

3. All measures as described in the Environmental Lighting Effects Report prepared by Connetics

Plan entered into Council records as RMA92023228 page 7.

4. Car parking and flood lighting shall be limited to the locations as shown on the Connetics Locality

in height.

headframes (to which floodlights will be mounted as shown on Sheet 11) shall not exceed 21m

Plan Lighting Towner Detail Sheet 11 entered into Council records as RMA92023228 page 8 and

5. Flood lighting serving the full sized pitches shall be constructed in accordance with the Connetics

RMA92023228 page 9 and shall not exceed 9.7m in height to the bottom of the luminaire.

Plan Training Field Horizontal Illuminance and Spill Light Sheet 6 entered into Council records as

6. Flood lighting serving the mini pitches shall be constructed in accordance with the Connetics

pp104001.dgn22/08/2016Date:

Map:

Christchurch City CouncilAssets and Network UnitTechnical Services and Design

8.8.4(b) Yaldhurst Recreation and Sports Facility Development Plan1Appendix

ATTACHMENT B - OPEN SPACE DECISION 35 MAPS

1. The Council seeks confirmation from the Panel that its approach to the maps, as described below, is appropriate.

2. The Open Space Water and Margins and Open Space Community Park zones (OWM/OCP) confirmed by Decision 269 have been greyed on

the Decision 35 maps.

3. The Decision 35 maps include sites that were greyed out at Stage 1 and notified as open space at Stage 2 except as altered by decisions on

individual submissions or zoning confirmed by Decisions 10 and 17 (Residential) and Decision 34 (Rural). The approach is as follows:

(a) Where the decision on the change of zoning was part of the Rural decision, Decision 34 maps will display the appropriate zoning.

(b) Decision 35 does not alter transport zoning of the coastal unformed roads as notified and as confirmed by Decision 12, therefore

the Transport Zone is not displayed on Decision 35 maps.

(c) As Decision 10 and 17 maps (Residential Stage 1 and 2) did not display any sites rezoned to Open Space through submissions

considered at Residential hearings, the Decision 35 maps show these rezoned sites. The list of relevant submissions is contained

in Attachment A (section 4) to Ms Carter's evidence in chief for the Stages 2 and 3 Open Space Proposal.10

126 Puriri Street

4. The Council respectfully seeks clarification in relation to 126 Puriri Street. Schedule 4 of Decision 35 confirms the as notified OWM zoning

over part of the site at 126 Puriri Street, however, in an earlier Decision 26 the Panel requested that the Council confirm t he Residential

9 Decision 26, Schedule 2 – The Open Space zone maps show ing the rezoned OWM and OCP areas in red and circled, dated 8 July 2016

10 Chapter 18 Open Space (stages 2 and 3), evidence in chief of Janice Carter – Planning, 19 January 2016.

Suburban (RS) zoning for the site instead (along with the site at 23 Thornycroft Street). The subsequent Council memorandum11

confirmed

the RS zoning for this site. The Council respectfully requests confirmation that the earlier Decision 26 zoning decision (RS) prevails.

Sites with notified double zoning (deferred)

5. Decision 35 maps include the following sites with notified double zoning. The decision on these double zonings were deferred from Stage 1

to Stages 2 and 3 in response to the Council's application for deferral:12

(a) Sites that were notified with a Stage 1 residential zoning but were re-notified at Stage 2 with an open space zoning. The Panel

directed that the decisions on the zoning of these sites was deferred to the Stage 2 hearings, including open space.13

These sites

were greyed out on the Decision 10 maps and their Open Space zoning was confirmed in Schedule 2 of Decision 35.

(b) Sites that were notified with a Stage 1 commercial or industrial zoning but re-notified at Stage 2 with an open space zoning and

deferred by Panel direction to the open space hearing. These were inadvertently not greyed on the Decision 11 maps. However,

Decision 35 confirms the open space zoning of these deferred sites in Schedule 2 of the decision, therefore the Council anticipates

that the later in time decision (Decision 35) prevails.

6. The Council respectfully requests the following corrections in relation to sites with notified double zoning:

(a) Schedule 2 of Decision 35 lists the site at 410R Selwyn Street as a site to be zoned Open Space Community Park. This site has

been since identified as forming part of the Addington Cemetery and its Specific Purpose (Cemetery) Zoning was confirmed by

11

Memorandum of behalf of CCC (in relation to Open Space and Decision 26) confirming zonings of excepted properties, dated 28 July 2016. 12

CCC application to set aside land from Stage 1 proposals w here it has been re-notif ied at Stage 2, dated 17 June 2015. 13

Order made in terms of application to set aside land from Stage 1 proposals re CCC memo 17 June 2015, dated 26 June 2015

Decision 19. The site is greyed out on the Decision 35 maps and the Council respectfully requests that the listing be removed from

Schedule 2.

(b) The Council also respectfully considers minor corrections are required to Schedule 2 (deferred sites) of Decision 35 which lists the

sites at 18B Oxford Terrace [sic] and 81 [sic] Simeon Street as sites to be zoned Open Space Community Park. The correct

addresses of the sites are: 18B Oxford Street, Lyttelton and 81F Simeon Street.

Sites with notified double zoning (not deferred)

7. The Decision 35 maps include the following sites/areas with notified double zoning which were not included in the Council's application for

deferral dated 17 June 2015:14

(a) Those waterways and their margins that were notified with a commercial or industrial zoning at Stage 1 and renotified at Stage 2 as

Open Space Water and Margins Zone (OWM) but which were not deferred. Decision 35 confirms the OWM zoning of these sites

except as altered by decisions on individual submissions in the decision.15

(b) The sites notified with a residential zoning at Stage 1 and then re-notified with an open space zoning at Stage 2. Inadvertently,

these sites were not included in the 17 June 2016 deferral memorandum. The open space zoning of these Council reserves is the

correct zoning. These sites were not greyed out on the Decision 10 maps. The Council respectfully requests that the Panel confirm

the open space zoning of the sites identified in the table below. In anticipation, the Decision 35 maps show these sites as zoned

open space.

14

See note 7. 15

Decision 35 at [20] (page 10).

Table 1: sites notified with a residential or commercial zoning in Stage 1 which should be open space

Property Address &

legal description

Map No.

Stage 1 notified zoning / Decision 10 or Decision 11 maps

Stage 2 notified OS zoning maps Reason for change Request to confirm the

correct zoning in Decision 35

28 Shearer Avenue RES 4474 (DP 12329), RES 4889 (DP 17732) and RES 4777 (DP 17732)

24

Double zoning (RMD/OCP) – not deferred. CCC owned playground/open space.

Confirm zoning as OCP

136 Shaw Avenue (aka 100 Shaw Avenue) - Thomson Park RES 4467 (DP 3213), Lot 3 DP 3276

26

Double zoning (RS/OCP) – not deferred. CCC owned open space, including access lots to the park.


Property Address &

legal

description

Map No.



correct zoning in

Decision 35 111 Berkshire Drive - access to Crosbie Park Lot 555 DP 61836

30

Double zoning (RS/OCP) – not deferred. CCC owned open space, including access lots to the park. (Note, part of the access lot is zoned Transport – Decision 12)


63 Picton Avenue Lot 1 DP 302845

31

Double zoning (RS/OCP) over the northern part of the park – not deferred. CCC owned open space.


Property Address &

legal

description

Map No.



correct zoning in

Decision 35 9 Eveleyn Couzins Avenue RES 5233 SO 10548

32

Double zoning (RMD/OCP) of thin strip of land along the western boundary of the park – not deferred. CCC owned open space.


82 Avonside Drive (Beverley Park) Lot 3 DP 335994 and Lot 3 DP 74519

32

Double zoning (RMD/OCP) of park access strip – not deferred. CCC owned open space.


Property Address &

legal

description

Map No.



correct zoning in

Decision 35 24 Admirals Way (part of), adjacent to the deferred 60 Owles Terrace RS 42406 (SO 16834) shown as RS

33

Double zoning (RS/OCP) – not deferred. CCC owned open space.


8 Skylark Lane (aka 84 Radley Street) Lot 11 DP 67544

39

Double zoning of the western section of the park (RS/OCP) – not deferred. CCC owned open space.


9F Arran Crescent (aka 434D Linwood Avenue) Pt RSs 39, 464, 84 Canterbury District

39

Double zoning (RSDT/OCP) over south-east corner of the park – not deferred. CCC owned open space – Linwood Park.


Property Address &

legal

description

Map No.



correct zoning in

Decision 35 194 Milton Street Lot 2 DP 6287

39

Double zoning (RMD/OCP) – not deferred. CCC owned open space (Bradford Park).


21R St Lukes Street Lot 3 DP 72200, Lot 13 DP 341054 and Lot 29 DP 370714

40

Double zoning (RS/OCP) – not deferred. CCC owned open space.


Property Address &

legal

description

Map No.



correct zoning in

Decision 35 30 Coppinger Terrace Heathcote River (part of Nash Reserve) Lot 137 DP 303811, Lots 277, 278 DP 325867 (Also see 22R Date Crescent below)

44

Double zoning (RS/OCP) – not deferred

Confirm zoning as OCP except as specified in paragraphs 12 and 13 of Attachment B below.

22R Date Crescent Heathcote River (part of Nash Reserve) Lot 565 DP 375351 (Also see 30 Coppinger Terrace above)

44

Double zoning (RS/OCP) – not deferred

Confirm zoning as OCP except as specified in paragraphs 12 and 13 of Attachment B below.

Property Address &

legal

description

Map No.



correct zoning in

Decision 35 Annies Lane – part of access to properties at 1, 2, 2A, 3, 3A, 4, 5, 5A, 6A, 6B, 7, 7A, 8, 9 Annies Lane Part of Lot 569 DP 375351

44

Double zoning (RS and RMD/OCP) – not deferred Small areas of landscaping maintained by CCC along a private shared access way adjacent to Nash Reserve


50 Voelas Road Pt Secs 258, 259 Lyttelton Town

52

Double zoning (RBP/OCP) – not deferred CCC owned land (part reserve, part road), partly occupied by private buildings in the south-east corner.

Confirm zoning as OCP (for the entire area re-notified as OCP); and Confirm zoning as RBP (for the small triangle of land not re-notified as OCP)

Property Address &

legal

description

Map No.



correct zoning in

Decision 35 1 Seaview Terrace Pt RS 247 Canterbury Dist, Pt Secs 213, 214, 215 Lyttelton Town

52

Double zoning (RBP/OCP) – not deferred CCC owned recreation reserve

Confirm zoning as OCP for the entire site

Off 32 Emerson Crescent – Queen’s chain south of Coastal Cliff Reserve

58/61

Double zoning (RBP/OCP) – not deferred Crown owned Queen’s chain


Property Address &

legal

description

Map No.



correct zoning in

Decision 35 21 Marine Drive Pt Lot 2 DP 14050, Pt Lot 2 DP 14050, Lot 3 DP 14050, Lot 4 DP 14050

58/59

Double zoning (RBP/OCP) – not deferred CCC owned Coastal Cliff Reserve


11 Rue Grehan Lot 14 DP 41124

77

Double zoning (RBP/OCP) – not deferred CCC owned reserve (Waeckerle Reserve)


Property Address &

legal

description

Map No.



correct zoning in

Decision 35 47 Beach Road, Akaroa (Stanley Park) Pt Lot 1 DP 2869, Lot 2 DP 344385

77

Double zoning (RBP/OCP and CBP/OCP) – not deferred Owner: Department of Conservation (Stanley Park)

Confirm zoning as OCP Note: this will require amendments to Decision 11 – Commercial / Industrial Stage 1 (Note Commercial zones are under appeal) as well as Decision 10 - Residential Stage 1 maps

80 Rue Jolie, Akaroa Pt Section 14, Town Akaroa

77 / R5

Double zoning (CBP/OCP) – not deferred Owner: Department of Conservation (Rue Balguerie Playground)

Confirm zoning as OCP Note: this will require amendments to Decision 11 – Commercial / Industrial Stage 1 (Note Commercial zones are under appeal)

Property Address &

legal

description

Map No.



correct zoning in

Decision 35 1 Gladstone Quay (aka 4 Donald Street), Lyttelton Lots 2, 3 DP 307398

52 / R1

Double zoning (CBP/OCP) – not deferred Owner: CCC

Confirm zoning as OCP Note: this will require amendments to Decision 11 – Commercial / Industrial Stage 1 (Note Commercial zones are under appeal)

Correction requested for zoning of 32, 34, 36 and 34R Bronco Drive, Aidanfield

8. Four sites at 32, 34, 36 and 34R Bronco Drive, Aidanfield were notified as residential at Stage 1 and were subsequently notified as open

space (in part) at Stage 2. They were inadvertently not included in the Council's deferral application.16

The 15 June 2016 Decision 10 maps

show those parts of the four sites which were double zoned with residential zones.

9. The notified layout of the Open Space zoning in the Aidanfield area in Stage 2 was based on the operative City Plan and on the information

from the Greenspace unit of the Council regarding the indicative extent of the future reserves surrounding the Heathcote River headwaters

(Nash Reserve) in the Aidanfield subdivision. At the time of notification, not all of the land was developed or subdivided and the shape of

future reserves was based on the extent of the natural contour of the waterway ‘gully’. Subsequently, a new stage of the Aidanfield

subdivision was approved and new residential lots were created partly on the land previously anticipated to be open space.

16

CCC, Application to set aside land from Stage 1 proposals w here it has been re-notif ied at Stage 2, dated 17 June 2015

10. Conversely, part of the reserve created in the new subdivision (now known as Bronco Park) extends over the land anticipated to be

developed for residential purposes and zoned accordingly at Stage 1. As a result, the Stage 1 residential zoning (RS and RMD) needs to be

confirmed for the residential sites at 32, 34 and 36 Bronco Drive while the reserve site at 34R Bronco Drive needs to have it s stage 2 OCP

confirmed as notified at Stage 2.

11. The Council requests the following corrections be made, as set out in Table 2 below.

Table 2: Corrections for 32, 34, 36 and 34R Bronco Drive

Property

Address &

legal description

Planning Map No.

Stage 1 notified zoning / Decision 10 – 15 June 2016

maps

Decision 35 planning maps Reason for change Request to confirm the

correct zoning in Decision 35

34R Bronco Drive Lot 104 DP 484886

44

Double zoning (RS/OCP) – not deferred. CCC owned open space (Bronco Park). Note: While the entire site at 34R Bronco Drive is a CCC owned recreation reserve which could be zoned OCP in its entirety, only part of it was notified as OCP at Stage 2.

Confirm zoning as OCP (part) and RS (part)

32 Bronco Drive Lot 67 DP 484886

Double zoning (part RMD, part RS/OCP) – not deferred. Private owner: J A and P H Daly

Confirm Stage 1 part RS and part RMD zoning for the entire site (instead of OCP).


Double zoning (RS/OCP) – not deferred. Private owner: FH Homes Limited



Double zoning (RS/OCP) – not deferred. Private owner: Xiupan Ye


Correction to Decision 35 – Stage 1 zoning of sites deferred but not renotified as Open Space at Stage 2

12. The sites listed below were notified with residential zoning at Stage 1. They were also partly zoned as OCP at Stage 2 and included in the

Council's deferral application.17

Decision 35 specifically lists them in Schedule 2 (deferred sites) and confirms that they should be zoned

Open Space. However, the Council respectfully considers some corrections to the zoning should be made.

13. Inadvertently, the site at 2 Lane Street and small parts of the sites at 22R Date Crescent and 30 Coppinger Terrace were not renotified at

Stage 2 with Open Space zoning. While the sites are part of CCC land and reserves, due to a GIS error the full extent of the reserves was

not included in the rezoning for Stage 2. The Council therefore respectfully requests the Panel to confirm the Stage 1 Residential zoning for

the sites and parts of sites as shown in Table 3 below. The Council notes that Decision 10 maps showed these sites as zoned Residential

Suburban.

17

CCC, Application to set aside land from Stage 1 proposals w here it has been re-notif ied at Stage 2, dated 17 June 2015

Table 3: Requested corrections to deferred but not renotified sites

Property Address & legal

description

Planning Map No.

Stage 1 notified zoning Stage 2 notified OS zoning maps / Decision 35 planning

maps

Reason for change Request to confirm the

correct zoning in

Decision 35 22R Date Crescent (part) (part of Nash Reserve) 3 small parts of Lot 565 DP 375351

44

RS zoning deferred but not re-notified as OCP. CCC owned land (3 pockets with off-street public car parks, partly in Nash Reserve and partly in Transport Zone). While the appropriate zoning would be OCP or Transport no submission sought such rezoning from RS.

Confirm Stage 1/Decision 10 RS zoning

30 Coppinger Terrace (part) (part of Nash Reserve) A small part of Lot 137 DP 303811

44

RS deferred but not re-notified as OCP. CCC owned land (a pocket with off-street public car parks). While the appropriate zoning would be OCP or Transport no submission sought such rezoning from RS.

Confirm Stage 1/Decision 10 RS zoning

2 Lane Street (aka 25 Maronan Street) Lot 1 DP 18121

40

RMD deferred but not re-notified as OWM. CCC owned land (part of Heathcote River esplanade reserve) While the appropriate zoning would be OWM no submission sought such rezoning from RMD.

Confirm Stage 1/Decision 10 RMD zoning

ATTACHMENT C – REPLACEMENT PLANNING MAP 29

ATTACHMENT D – REPLACEMENT PLANNING MAP 36

Documents

BEFORE THE CHRISTCHURCH REPLACEMENT - … of the word “potential” is necessary to achieve the Panel's intent for that provision. The Council has a concern that the inclusion of