Coastal Environment Overlay and Coastal Zone - District Plan Direction Setting Document (Draft to Proposed)

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1 Coastal Environment Overlay and Coastal Zone - District Plan Direction Setting Document (Draft to Proposed) 1.0 Background Coastal Zone The Coastal Zone was originally defined in 1975 following the release of the Thames County and Coromandel County District Schemes. These Schemes were made operative in 1975 and 1978 respectively. Both Schemes triggered appeals: The Coromandel County District Scheme to the Town and Country Planning Appeal Board (Physical Environment Association of Coromandel v Thames-Coromandel District Council 1982); and The Thames County District Scheme to the Planning Tribunal (Opoutere Ratepayers and Residents Association Inc v Planning Tribunal 1989). The Thames County District Scheme appeal resulted in the principles of the Coastal Zone which were followed in the 1986 review (operative 1990). The Coastal Zone in the currently Operative District Plan is intended to define the landward extent of the Coastal Environment. The accuracy of this zone is variable. In some cases it follows cadastral boundaries rather than landscape or topography and in others it is not even near the coast at all. Coastal Environment The Regional Policy Statement (Decisions Version November 2012) requires the Council to establish what land forms part of the coastal environment. The Regional Policy Statement (RPS) maps an indicative Coastal Environment Line but provides flexibility for district councils to map the landward extent of the coastal environment in their District based on further investigation. Stephen Brown Environments Ltd 1 was initially engaged by Thames Coromandel District Council to define the coastal environment for the Coromandel. This assessment was primarily based on visible characteristics which contribute to the coastal environment and generally uses: A primary coastal ridge as a cut-off point; or The first sequence or chains of hills inland from the coast; or A more gradual sequence of landforms, including dunes, lowlands, terraces, foothills and slopes that have a direct visual connection with the Coastal Marine Area. 1 Brown, S. (May 2008). Coromandel Peninsula Landscape Assessment Peer Review Report. Page 1

2 The Coromandel Peninsula Ecological Assessment of Natural Character Report 2 also drew a Coastal Environment Line using a coastal bioclimatic zone defined as: 1. Less than 200 m high; and 2. Less than 1 km inland for open coastline; and 3. Less than 500 m inland from sheltered harbours and estuaries. 2.0 Approach in the Draft Plan (Section 20) The Draft Plan continues using the Coastal Zone, without Policy Areas, and introduces the term "Coastal Area" in the policy framework to encompass the three coastal zones (Coastal Zone, Coastal Living Zone and Marine Service Zone). As required by the RPS the Draft Plan also maps the Coastal Environment. In this Plan it is an environment in which the coast is a significant part or element and which varies from place to place around the District. As a general rule, it is considered to be the land between the coast and the first ridgeline inland and other land where the coast is a significant part, even though it might not be visible from the coast or a public road. The Coastal Environment is used as a policy trigger. Applications for discretionary and non-complying resource consents within the line need to consider the effect, if any, of the activity on the coastal environment. 3.0 Comments Received Over 150 comment points were received regarding the Coastal Area and the Coastal Zone provisions. The Coastal Area and Coastal Zone Summary of Relief, attached to this report contain many small refinements requested by commenters that staff can incorporate into the Proposed District Plan as appropriate. This report deals with four key issues that have come through from comments which the Committee needs to consider and give direction to staff: 1. Confusion between the Coastal Area, Coastal Environment and Coastal Zone and parallels with the Rural Zone; 2. Controls on building colour; 3. Subdivision, use and development in the coastal area; and 4. The activity status of some activities. 4.0 Key Issues 1. There is confusion between the Coastal Area, Coastal Environment and Coastal Zone; and the Coastal Zone provisions are very similar to the Rural Zone provisions. The requirement to identify the coastal environment is new. Until now the District Plan has relied on the use of the Coastal Zone to identify the 'coastal environment,' without any higher policy direction or rationale as to how this is determined. 2 Dahm, J, Graeme, M, Kendall, H. (2010) Coromandel Peninsula - Ecological Assessment of Natural Character. Natural Solutions, Coromandel. Page 2

3 Following the introduction of the RPS a new refined coastal environment has been identified for the Coromandel. Issues relating to this environment can now be focussed within a specific set of provisions which manage the special values of and effects on the coastal environment. Staff agree that the various 'coastal' components in the Plan are confusing. Staff have reconsidered the functionality and practical application of the Coastal Zone and the Coastal Environment. The Coastal Zone and the Rural Zone provisions have been compared and staff agree with some of the comments received that the approach could be refined. The protection of specific coastal values and qualities can now be addressed through the Coastal Environment provisions and the Rural Zone provisions making the Coastal Zone in these areas redundant. Staff recommendations: 1.1 Redraw the Coastal Environment using the following criteria: a) Generally follow the Stephen Brown coastal environment line; b) Include peninsulas and coastal natural character that is contiguous with the coastline, as drawn by Natural Solutions, inland of the Stephen Brown line; c) Exclude Residential Zone, Commercial Zone and Industrial Zone unless: - There are coastal hazard lines, in which case the Future Coastal Protection Line should be adopted; - There is Coastal Marine Area interaction i.e. wharfs, stopbanks, carparks, canals; - There are coastal wetlands, estuarine areas or dunes; d) Include recreation land along the coastline; e) Include roads where they are seaward of development; and f) Be reasonable and practical e.g. no 'islands' of rural land surrounded by coastal environment. 1.2 Map the Coastal Environment as an Overlay. 1.3 Rezone all Coastal Zone land to Rural Zone. 1.4 Move the Coastal Living Zone into the Residential Area policy framework. 1.5 Move the Marine Service Zone into the Industrial Area policy framework. NOTES 1. The recommendations that follow are based on the above recommendations. 2. If tsunami risk areas are mapped they also need to be included in the coastal environment. Page 3

4 2. Should we control building colour in the coastal environment? There is support and opposition for control of building colour in the coastal environment. Some people recognise the special values of this area and the need for development to visually blend into the landscape. Others believe that private property rights and personal preferences are important considerations that should be provided for. The requirement to consider colour is not new - controlled activity resource consent is required for houses in Coastal Areas in the Operative District Plan. The Plan has been criticised for not giving guidance regarding acceptable colour palettes and for its lack of consideration of the natural colour tones in individual locations. In the Draft Plan control of building colour is restricted to the Coastal Zone and Landscape Amenity Overlay but the control applies to all buildings. This enables residential areas to continue to develop without requiring consents for houses based on colour. There are many examples throughout the District where houses have been built in the coastal environment that are not sympathetic to their surroundings. In the Draft Plan a colour palette has been included to assist landowners making decisions about colour schemes and planners have discretion about appropriate colours based on the location. However the Plan could further guide the colour of buildings so that they blend better into their surrounding landscape. Question: Should colour and reflectivity standards apply to all buildings in the coastal environment or just dwellings? Staff recommendations: 2.2 Retain the colour and reflectivity standards for Rural Zone buildings in the Coastal Environment overlay and in the Landscape Amenity overlay as a controlled activity. 2.3 Include an additional controlled activity matter requiring consideration of the natural colours of the surrounding landscape. 3. What is an acceptable level of subdivision, use and development in the coastal environment? The general flavour of comments is that subdivision, use and development should be enabled in the coastal environment including farming, horticulture and subdivision while limiting indigenous vegetation removal and earthworks. Although it is a matter of national importance to preserve the natural character of the coastal environment, the RMA does not preclude appropriate use and development. The New Zealand Coastal Policy Statement requires the Plan to define what form of subdivision, use and development is appropriate and where this should occur. Similarly the RPS anticipates development provided that: Page 4

5 Development setbacks are established to protect natural character, public access, indigenous biodiversity, natural physical processes, amenity and natural hazard mitigation functions of the coast; Regard is had to local coastal character; Potential effects of sea level rise are considered; The valued characteristics of remaining undeveloped coastal environments are considered; Adequate stormwater, water and wastewater services are provided; An increase of natural hazard risk associated with coastal erosion and inundation is avoided; Steps are taken to avoid, remedy or mitigate potential effects of a tsunami event; Ribbon development along coastal margins is avoided; The function or operation of existing or planned coastal infrastructure is not compromised; and Safe and efficient connectivity between activities occurring in the coastal marine area and associated land-based infrastructure is provided for. The Draft Plan does not contain any rules relating to the coastal environment and relies on the policy framework to be considered for discretionary and non-complying consent applications. If recommendations above are adopted by the Committee then a refined Coastal Environment policy and associated rules would be drafted. In doing this the overlay rules i.e. Natural Character and Landscape would need reconsideration to ensure that they give adequate weight to effects on the coastal environment's special values. Similarly, the Rural Zone and subdivision rules would need review, including strengthening the controlled activity and restricted discretionary matters for activities in the Coastal Environment. For example controlled activity consent would be required for a dwelling in the Rural Zone which is within the Coastal Environment Overlay. Outside of the Coastal Environment Overlay in the Rural Zone a dwelling would be a permitted activity. Staff recommendations: 3.1 Rewrite the Coastal Environment policy as an overlay outlining how the overlay interacts with other overlays and rules in the Plan. 3.2 Strengthen the following overlay policy and rule sections to adequately consider effects on the Coastal Environment's special values: a) Section 6 Historic Heritage: Archaeology, Built Form, Sites of Significance to Maori; b) Section 7 Landscape and Natural Character; c) Section 8 Natural Hazards; d) Section 10 Biodiversity e) Section 16 Subdivision; f) Section 17 Tangata whenua; and g) Section 57 Rural Zone. Page 5

6 4. Restricted discretionary activities do not provide the same level of certainty as controlled activities. Comments were received in relation to certain activity statuses i.e. controlled versus restricted discretionary activities. This is a common theme that has been raised throughout the District Plan review. At the 2 November 2011 DPRC meeting the use of controlled activities was discussed. It was noted that the Environment Court had been critical of controlled activities and that there has been a shift in planning away from controlled activities, making activities either permitted, subject to development standards, or restricted discretionary where standards are not achieved. While controlled activity consents give certainty to applicants, as the Council must grant consent, they have not always achieved desired outcomes. The Council's control over an activity is limited and this has resulted in sub-standard developments for which consent cannot be declined. In this particular case staff are confident that adequate matters of control for buildings in the Coastal Environment can be drafted. The only change that is suggested is outlined in recommendation 2.3 above making buildings in the Coastal Environment overlay and the Landscape Amenity overlay a controlled activity (as opposed to restricted discretionary) to control colour and reflectivity. Staff recommendation: 4.1 Other than the change recommended in 2.3 above, no additional changes are required. Page 6

7 Section 5 Coastal Environment 20.1 BACKGROUND What is the coastal environment? The coastal environment is the area inland from the coast that is subject to coastal processes and influences and where coastal qualities are significant. The 2010 New Zealand Coastal Policy Statement (NZCPS) requires the Council to define the extent of the Coastal Environment in the District Plan and recognises that its extent will vary from region to region and locality to locality. The Regional Policy Statement (Decisions Version November 2012) maps the landward extent of the coastal environment for the Region and, inline with the NZCPS, provides flexibility for Councils to undertake further work to refine the coastal environment in their Districts. Why is the coastal environment important? The Thames-Coromandel District is a diverse area, with breath-taking scenery, dramatic landscapes, a nationally significant surf break and world-class beaches along its 400 km coastline. The coastal environment is subject to coastal processes including erosion and inundation and the effects of climate change. The coastal environment also contains indigenous ecosystems and habitats that are particularly sensitive to modification. While the coastal environment is appreciated by many for its open space qualities, natural character, landscape, and recreational opportunities, activities such as aquaculture, farming and marine service industries also depend on the use of its natural and physical resources. These activities are equally important to the social, economic and cultural wellbeing of people and communities and need to be carefully balanced. The economic and social wellbeing of the District and wider region is dependant on electricity, telecommunications and road infrastructure located in the coastal environment. The coastal environment also has potential for small-scale local renewable energy generation: wind turbines, solar panels and run-of-river hydroelectric turbines. Tangata whenua in the District also have an ongoing and enduring relationship with the coastal environment which requires specific recognition. How was the coastal environment determined? The area that defines the coastal environment for the District Plan consolidates two pieces of work commissioned by the Council to determine its landward extent. In 2008 Stephen Brown undertook an assessment of natural character of the coastal environment from a landscape perspective. Later in 2010 the Ecological Assessment of Natural Character Report (Natural Solutions) identified a coastal environment line based on ecological natural character values. The area that comprises the coastal environment on the planning maps combines these two pieces of work and maps the landward extent based on: Page 7

8 Natural coastal character; Coastal landscape and ecology; Consideration of identified coastal hazards; Interaction with the coastal marine area; Access to the coast by road and recreation land; and A practical and reasonable approach. Management approach In the Plan the coastal environment is shown as an overlay. Specific features and values within the coastal environment are mapped as separate overlays. These include: Natural character; Natural hazards; Historic heritage Biodiversity; and Landscape. The coastal environment overlay is implemented through the above overlay policy and rules, zone rule and subdivision rules. Where an activity affects any of the above features or values and occurs in the coastal environment all relevant overlay policy sections apply. Similarly, where a zone based activity occurs or a subdivision is considered and it is in the coastal environment the overlay policies and the zone polices apply. Any additional overlay rules and policies would also apply ISSUES 1. The protection, preservation, restoration and enhancement of the special values and characteristics of the costal environment need to be carefully balanced with meeting people s inherent interest in using the coast as a place to work, live and play OBJECTIVES AND POLICIES Objective 1 Subdivision, use and development in the coastal environment occurs in a way that : Maintains the integrity, form, functioning and resilience of the coastal environment; Preserves the natural character, natural features and landscape values of the coastal environment; Recognises the relationship of tangata whenua with the coastal environment; Maintains and enhances public open space and recreation opportunities in the coastal environment; Manages coastal hazard risks; and Page 8

9 Protects and enhances historic heritage values. The policies relating to the above objective are found in the following sections of the Plan: Section 6 Section 7 Section 8 Section 10 Section 16 Section 17 Historic Heritage: Archaeology, Built Form, Sites of Significance to Maori Landscape and Natural Character Natural Hazards Biodiversity Subdivision Tangata whenua Page 9

10 SUMMARY OF CHANGES SOUGHT BY PLAN SECTION Volume 1 Part 4 Section 20 Coastal Area Use of a Coastal Zone and its extent 370 S & B Goudie 670 Shelly and Rhys Moxsom 671 Ken Nation Amend the description of Coastal Area to exclude the coastal marine area which is a regional council responsibility Background - amend to delineate the district council responsibility landward of the coastal marine area. Background - amend to delineate the district council responsibility landward of the coastal marine area. 710 Mercury Bay Community Board Support in Part The Coastal Environment should be divided into rural land for the Coastal Zone and urban areas with a different set of rules K & M Nation, K Ryan, N 901 Rennie (Kincraft Properties) Matarangi Ratepayers 373 Association Controls on building colour Background - amend to delineate the district council responsibility landward of the coastal marine area. Clarify the Coastal area and the Coastal Environment 717 TCDC Consent Planner Policy 3f - should say "avoid the use of reflective external materials". Policy 3g -" designed to visually integrate and be finished in colours and/or materials which are visually recessive and of low reflectivity." 629 Joan Delellis No building colour rules - make policy clearer about coastal policy within Thames-Coromandel Peninsula. Move the "voidance of mirrored glass" to rule frameworks/assessment criteria. Subdivision, use and development in the Coastal Environment 384 Blackjack Farms Ltd. Mention farming (and other existing activities) within the coastal area. Include Objectives and Policies that protect and support the existing farming and other activities occurring within the coastal environment that enable people to provide for themselves and live in the coastal area. 545 Merrilyn & Rex Louden Support Small scale subdivision allowed in Coastal areas. 637 Whauwhau Environment Group Ltd Support Objectives, policies and rules that promote subdivision, use and development that can enhance the outstanding landscape and high natural character values in the District, including in the Coastal Zone (for example, the protection, restoration and rehabilitation of degraded or vulnerable ecosystems or habitats). Page 10

11 638 Coastal Land Trust Holdings Ltd. Support Objectives, policies and rules that promote subdivision, use and development that can enhance the outstanding landscape and high natural character values in the District, including in the Coastal Zone (for example, the protection, restoration and rehabilitation of degraded or vulnerable ecosystems or habitats). 532 Brian Sharp Neutral 389 Tasman Buildings Ltd. Neutral Recognition of natural hazards 29 Waikato Regional Council Oppose Introduce a coastal enhancement zone to cover all marginal land around the coast to encourage retirement and introduce the required population to look after it in a sensitive manner. New Policy 5f - add "Farming (including, horticulture) shall be provided for as being appropriate in the Coastal Area. Amend Background para 1 as follows: "The coastal area of the District is subject to diverse coastal processes including erosion and climate change inundation. Due to climate change with its increasingly frequent and severe weather events, erosion and inundation are expected to increase. In addition, sea level rise will cause these processes to take place at increasingly higher levels and move inland. Reinstate pre-draft Issue 3: There is a range of natural occurrences which impact or have the potential to impact on the District s coastal environment including coastal erosion, tsunami and inundation by the sea. Policy 1c - retain, and add the following: Objective X : Potential risk arising from natural hazards including tsunami is effectively managed." Policy Xa: Areas of present coastal erosion or inundation shall be left to their natural processes and not be altered. Policy Xb: Areas of projected future coastal erosion or inundation should be managed by using a precautionary approach. Policy Xc: Land use and development in identified areas of tsunami risk will be managed through the implementation of the relevant Tsunami Risk Management Plan s land use implementation methods through that plan. General 717 TCDC Consent Planner Policy 4b - should add 'to a level commensurate to the proposed activity. ' 901 K & M Nation, K Ryan, N Rennie (Kincraft Properties) Issues - add to each issue "in some cases". Page 11

12 K & M Nation, K Ryan, N 901 Rennie (Kincraft Objective 3 - should be avoided, remedied or mitigated Properties) 901 K & M Nation, K Ryan, N Rennie (Kincraft Properties) Oppose Policies 3c, 3d, 3e, 3k, 4b, 5a - delete. 670 Shelly and Rhys Moxsom Oppose Policies 3c, 3d, 3e, 3k, 4b, 5a - delete. 671 Ken Nation Oppose Policies 3c, 3d, 3e, 3k, 4b, 5a - delete. 901 K & M Nation, K Ryan, N Rennie (Kincraft Properties) Support Policy 3j. 907 Mike & Kate Donoghue Oppose Policy 5b - opposed to the promotion of finfish farming in the coastal area. 907 Mike & Kate Donoghue Support Policy 5c - strongly support. 910 Ngaati Whanaunga Environmental Unit 671 Ken Nation Iwi-specific issues need; policy to state engagement with iwi over coastal management; introduce Māori rights confirmed in Takutai Moana Act Amend section to ensure clarity, including policy in line with 671 comments. 671 Ken Nation Issues - add to each issue "in some cases". 671 Ken Nation Support Policy 3j. 670 Shelly and Rhys Moxsom Amend section to ensure clarity, including policy in line with 671 comments. 670 Shelly and Rhys Moxsom Issues - add to each issue "in some cases". 670 Shelly and Rhys Moxsom Objective 3 - read: "avoided, remedied or mitigated." 670 Shelly and Rhys Moxsom Support Policy 3j. Amend Background para 1 as follows: "It also contains Coastal indigenous ecosystems and habitats need to migrate inland as a result of sea level rise that and are particularly sensitive to human modification. Policy 2a - Revise with: " shall be restored with appropriate eco-sourced locally sourced indigenous species... Policy 2d - revise with: "... to protect the survival and potential inland migration of indigenous ecosystems... Amend Issues by providing additional reference to coastal natural character, indigenous biodiversity, ecological functions, physical processes and amenity values. Page 12

13 Objective 2 - amend as follows: "Subdivision, use, development and protection of the coastal area in a manner that maintains and enhances coastal 29 Waikato Regional Council Oppose in part ecosystems, indigenous biodiversity, coastal water quality, natural features and natural landscapes, ecological functions and physical processes." Policy 2b - amend as follows: "Subdivision, use and development activities control the discharge of sediments and contaminants into coastal water to maintain coastal water quality." 29 Waikato Regional Council Oppose in part Control the impacts of vegetation removal on sedimentation including the impacts of harvesting plantation forestry. Control land use activities to reduce sediment loadings in run-off and stormwater systems. Policy 2c - amend as follows: "Protect indigenous biodiversity within the coastal area by avoiding adverse effects on significant areas of indigenous vegetation and habitats of significant fauna." Policy 2e - amend as follows: "Protect the identified outstanding natural landscapes in the coastal environment by avoiding adverse effects on them from inappropriate subdivision, use and development." Objective 3 - amend as follows: "Preserve the natural character of the coastal area and protect it from inappropriate subdivision, use and development. In areas where natural character has already been compromised seek opportunities for it to be restored and enhanced." Policies 3a - 3k - delete and replace with a smaller number of policies, as one example: "Identify areas of high and outstanding natural character in the coastal area and protect such areas by avoiding adverse effects from inappropriate subdivision, use and development." 105 Blue Water Estates Ltd Support 146 P Whiting-OKeefe Support Department of 179 Conservation Needs further consideration to give effect to NZCPS Department of 179 Conservation Policy 1 - elaborate to better reflect NZCPS Policy 4. Department of Reference to "riparian planting" should be replaced with Conservation 179 "riparian enhancement and protection" in Policy 2a. 370 S & B Goudie Amend all issues by adding the words in some cases 370 S & B Goudie Objective 3 - amend to read avoided, remedy or mitigated Page 13

14 370 S & B Goudie Oppose Delete Policy 3c, 3d, 3e and 3k 370 S & B Goudie Support Wording shall be encouraged 370 S & B Goudie Oppose Delete Policy 4b and 5a 376 MJ & SA Edens Create a new Coastal Lifestyle Zone 381 Opito Bay Ratepayers' Association Neutral Secure walking access to Crayfish Bay and Red Bay 384 Blackjack Farms Ltd. Support The Coastal Zone, Rural Production Zone and its location. Oppose a new coastal area. 385 Tom Rabone Support Objective 6. Also find ways to provide incentives and assistance to landowners, and enter into effective partnerships that are tailored to local preservation needs. 385 Tom Rabone Support Issue Tom Rabone Support Policies 3c, 3d, 3i 388 Graeme & Gloria Ready Oppose Policy 3c, Policy 3d, Policy 3e, Policy 3k. 388 Graeme & Gloria Ready Policy 4a - add after the words Coastal Area: "except on private property that is held in absolute ownership by owners who hold a currently valid Certificate of Title." Background para 1 - " scenery, iconic dramatic landscapes sensitive to modification and is a part of the District that is highly sought after as a place to live." Background para 2 -" landscape values, and farming, horticulture and marine " Issue 2 -" cultural and intrinsic landscape values." Issue 3 -"from the existing landscape and natural character values of the Coastal area by: Being inappropriately located Being visually overwhelming dominant, intrusive or of a scale that is discordant with the surrounding landscape in design and scale Being of an overall scale that is too large for the local environment Being visually intrusive Dominating the landscape Degrading the natural characteristics character values of the area Contributing a perception of coastal settlement sprawl Development spreading outside of its natural containment area in existing settlements" Objective 2 -" dunes and adjoining land their edges. Policy 3a -" existing natural characteristics values of the coastal area." Policy 3b - " retain a sense of openness spaciousness." Page 14

15 Policy 3c - "Buildings in the Coastal Zone shall avoid ridgelines, hilltops or prominent landforms unless buildings can be filtered or screened by vegetation or landform in views from public vantage points, and/or such siting would have a lesser landscape impact than any lower less prominent site. In many Coromandel coastal locations, the only place landowners can easily build a house (or shed) is likely to be on a ridgeline as it is the only flat part of the site. In such instances, policy directing buildings away from ridgelines is likely to result in major earthworks/landform patterning effects. Buildings can be acceptable on ridgelines etc. if they are set well back from edges and/or use planting or landform to provide a filtering or screening effect." 389 Tasman Buildings Ltd. Oppose Policy 3d. Policy 3e -"Buildings, structures (including retaining structures) accessways and boundary treatments in the Coastal Zone shall be designed so that their location, scale, form, design, materials and height is sympathetic to the surrounding landscape." Policy 3h -" natural vegetation or landform pattern." Policy 3j -" encouraged as part of the building designsubdivision, use and development activities." 389 Tasman Buildings Ltd. Oppose Policy 3k Objective 6 - "The open and unspoiledrelatively undeveloped character of parts of the coast is maintained and future development avoids undeveloped parts of the coast. 389 Tasman Buildings Ltd. Oppose Policy 6a Objectives 2, 3 - reframe to refer to protection of natural character from inappropriate forms of development, with policies to state how to achieve this in the circumstances of any given case. 389 Tasman Buildings Ltd. Oppose in part Policy 4b - revise to be consistent with section 36A RMA. 389 Tasman Buildings Ltd. Oppose Policy 5a - delete. 389 Tasman Buildings Ltd. Oppose in part Policy 5c - remove any absolute avoidance of adverse effects on water quality. 389 Tasman Buildings Ltd. Oppose in part Policy 5e - confine to applications within areas that might affect the Whangamata surf bar only. 390 NZ Transport Agency Provide for the maintenance and upgrading of existing infrastructure to maintain its safe and efficient operation. 390 NZ Transport Agency Add a policy to address the reverse sensitivity effects of development in close proximity to the state highway and include appropriate standards and conditions to manage development in these areas. 391 Newmont Waihi Gold Support Objective 3 Page 15

16 391 Newmont Waihi Gold 391 Newmont Waihi Gold 391 Newmont Waihi Gold Policies 3a - 3k - recognise that the extraction of minerals are activities important to the social, economic and cultural wellbeing of people and communities, and amend to recognise extraction industries and the management of them in the Coastal Environment. Objective 6 - amend to provide further policy guidance to give effect to Policy 6 (1)(a) of the NZCPS and recognise mineral extraction industries and the management of them in the Coastal Environment. Policy 6a - provide additional policy direction in this section on how to provide for other activities (as recognised in Policy 6 of the NZCPS), while also protecting the coastal environment. 416 A Smith & D Rowe Support Also give consideration to surfing recreation areas 440 D Scott Oppose Reduce control over coastal land 475 Ian Coatsworth Objective 5 - insert "all" before "people" 478 Opoutere Residents & Ratepayers Association Explicitly recognise the obligations in the New Zealand Coastal Policy Statement Add provisions to give effect to WRPS Policy 6.2 and Methods and Page 16

17 SUMMARY OF CHANGES SOUGHT BY PLAN SECTION Volume 1 Part 7 Section 44 Coastal Zone Subdivsion, use and develoment 672 John & Verona McLeod 706 I M Wernham Rule 26 - consider changing to a permitted activity as in Coastal Living Zone. All permitted and controlled activities for Coastal Zone properties, including overlays, are maintained 706 I M Wernham 706 I M Wernham Amend and clarify bush clearance rules for a house and accessway m 2 clearance for house site; allow clearance of bush for house site without obtaining consent for house Earthworks less than 1m height is permitted; greater than 1m height is controlled activity subject to geotechnical approval 717 TCDC Consent Planner Rule 1 - add that the produce has been produced on the site. 902 Philip Green Add Incorporate the harvesting process of oysters within the activity table of Section 44.3 and within the definition of marine and river activities. This table could read: "Marine equipment storage, maintenance and shellfish harvesting (excluding processing)" 29 Waikato Regional Council Support Afforestation rule 29 Waikato Regional Council Oppose in part 29 Waikato Regional Council Oppose in part Department of Conservation Department of Conservation Rule 5, Table 2 - amend so that any earthworks activity in the coastal zone will not disturb, modify or destroy indigenous coastal vegetation, habitats of indigenous species, natural features in the coastal environment (estuaries, coastal wetlands etc), coastal landforms recognised as being of geological importance, natural coastal processes, ecosystem functions, and water quality. Rule 8, Rule 11 - amend so that plantation forestry activities in the coastal zone can be adequately assessed to control and manage sedimentation impacts on the coastal values outlined in the objectives and policies of section 20 of the plan. Table 10, Table 11 - amend to more specifically highlight the range of coastal values that need to be assessed as part of Controlled and Discretionary consents. Rule 5 c) and f) - require further controls to manage adverse effects. Rule 6 - clarify to require consents for indigenous vegetation removal. Page 17

18 Department of 179 Support Rule 10 Conservation 179 Department of Conservation Rule 11 - consider setbacks for activities adjacent to waterways and a requirement to establish permanent indigenous vegetated riparian margins. 179 Department of Conservation Rule 14 - clarify "minor upgrading" - make not permitted, and ensure significant indigenous species are not affected. 179 Department of Conservation Tables 10, 11 - add a matter to assess impacts of activities, including methods to avoid, remedy or mitigate those effects on indigenous biodiversity. 389 Tasman Buildings Ltd. Support Rule Tasman Buildings Ltd. Support Rule 8, Rule 11 Reconsider the approach to permitted activity rules to ensure that adverse effects on coastal values can be assessed against the matters outlined in Tables 10 and 11, consistent with NZCPS and PRPS. Controls on building colour 671 Ken Nation Oppose Do not control colours - nurture diversity, creativity, spontaneity and innovation. Table 9 - new (4):"The above colour and reflectivity controls do not apply to windows, window frames, bargeboards, stormwater guttering, downpipes or doors. These items may be of any colour." Table "The building, scale, height " Table 9-1 -" are a natural timber, natural stone or unpainted concrete material. 370 S & B Goudie Oppose Controls on colour 377 Surveying Services Make building a controlled or permitted activity 378 Patricia Hishon Table 9 - Add an explanation on how the colour codings relate to the chart BS5252, such as: "This chart is based on the Resene chart BS5252. The colours are groups according to greyness within them A - C containing the most grey. Example of relationship of this chart to the BS5252 chart: Colour = flax. Hue (yellow range) / 10. Greyness / B. Group / Patricia Hishon Table increase the reflectivity % from 40% to 45%. 384 Blackjack Farms Ltd. Rule 27 - Keep the activity status for Dwellings and Accessory Buildings on existing allotments within the Coastal zone as a Controlled activity, or permitted if colour, reflectivity and other standards are met. 670 Shelley and Rhys Moxsom Oppose Do not control colours - nurture diversity, creativity, spontaneity and innovation. 119 B & C Vickerman Oppose Rule 27 One dwelling per lot - should be a permitted or controlled activity rather than RD General (activity status) 671 Ken Nation All restricted activities should be controlled activities. Page 18

19 670 Shelley and Rhys Moxsom All restricted activities should be controlled activities. 366 Federated Farmers Support Rule Produce Stall as a permitted activity 366 Federated Farmers Oppose Rule Visitor accommodation as a permitted activity - should be controlled 366 Federated Farmers Oppose Rule should be controlled activities 372 Tom Meijer and Ohui Estates Oppose Houses should be a permitted or controlled activity; accessory buildings and minor units should have the same activity status 372 Tom Meijer and Ohui Water, wastewater, stormwater infrastructure as a permitted Support Estates activity 372 Tom Meijer and Ohui Estates Support Provision for additional dwellings and minor units 384 Blackjack Farms Ltd. Support Permitted activities within the Coastal Zone. 377 Surveying Services Support The extent of the Coastal Zone 384 Blackjack Farms Ltd. Oppose Rule 27.1c) - delete. General Amend to give effect to all of WRPS 6.2. Amend to reflect Proposed WRPS 6.2.2; and Description para 1 - " used for agricultural rural and horticultural activities and, in places, is very sensitive to change." Description - new bullet "Its long history of pastoral land use". Description - bullet #5 "The relative absencerelatively limited extent of human settlement and development" Purpose para 1 - " the zone provisions. Built characterthe character of built development can define the experience for people on the beach or out at sea. Without careful management development can become a landmark and break the natural contour and character of the areadetract from the amenity value of the wider coastal landscape. Purpose para 2 -" its existing residential, agricultural and horticultural activities " Purpose para 3 -" the existing landscape, natural character and amenity " Table 11-4 b) -" the activity has an effect on theis in keeping with the purpose of the zone. Table 11-4 c) " the activity is visually prominent or dominant. breaks the natural land contour or dominates the natural landform." Table 11-6 a) - "The degree to which areas of open space the existing sense of spaciousness is are maintained on the site. Page 19

20 389 Tasman Buildings Ltd. Support Rule 25, Rule 27, provided the above comments are adopted. 435 Sally Evers Support Coastal Zone provisions on the whole. 435 Sally Evers Support the Opoutere Ratepayers and Residents' submission to strengthen some provisions in order to give effect to the purpose (44.2). 910 Ngaati Whanaunga Environmental Unit Amend purpose to reflect significance to tangata whenua; take a cautious approach to permitted activities in this zone; restricted discretionary criteria need to include Maaori cultural effects in assessment criteria. Page 20