TAURANGA CITY COUNCIL CITY PLAN SECTION 32 REPORT. Chapter 6 Natural Features and Landscapes

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1 TAURANGA CITY COUNCIL CITY PLAN SECTION 32 REPORT Chapter 6 Natural Features and Landscapes

2 Table of Contents 1. INTRODUCTION PURPOSE OF THE CHAPTER RECORD OF DEVELOPMENT OF PROVISIONS Background Research Consultation Outcomes Council Meetings Relevant Legislation, Strategies and Policy ISSUES Summary of Issue Issue 1 - Inappropriate Subdivision, Use and Development within Outstanding Natural Features and Landscapes Objectives Policies, Methods and EREs Monitoring Proposed Plan Provisions Issue 2 - The loss or degradation of landscapes that have High Amenity Value from inappropriate Subdivision, Use and Development Objectives Policies, Methods and EREs Monitoring Proposed Plan Provisions Issue 3 - The Loss of the City s Natural Character to Inappropriate Subdivision, Use and Development Objectives Policies, Methods and EREs Monitoring Proposed Plan Provisions Issue 4 - The Potential Loss of Public Access to Outstanding Natural Features and Landscapes and Important Amenity Landscapes through the Protection of these Areas Objectives Policies, Methods and EREs Monitoring Proposed Plan Provisions Issue 5 - The Provision for Maintenance of Existing Network Utilities in Outstanding Natural Features and Landscapes and Important Amenity Landscapes Objectives Policies, Methods and EREs Monitoring Proposed Plan Provisions Issue 6 - The Loss of the City s Landscape Character through Inappropriate Subdivision, Use and Development Objectives Policies, Methods and EREs Monitoring Proposed Plan Provisions Issue 7 - The Loss of Views to Outstanding Natural Features and Landscapes within the City Objectives Policies, Methods and EREs Monitoring Proposed Plan Provisions Issue 8 The adverse effects on amenity values and the City s landscape character through the loss of large scale specimen trees Objectives Policies, Methods and EREs City Plan S32: Chapter 6 Natural Features and Landscapes 2

3 4.11 Monitoring Proposed Plan Provisions MONITORING PROPOSED PLAN PROVISIONS RECOMMENDED OBJECTIVES, POLICIES AND METHODS City Plan S32: Chapter 6 Natural Features and Landscapes 3

4 1. INTRODUCTION The Council is required under section 32 of the Resource Management Act 1991 (the RMA) to carry out an evaluation of alternatives, costs and benefits, and efficiency and effectiveness of the various components of the proposed City Plan. Section 32 of the Act requires that the evaluation must examine: (a) the extent to which each objective is the most appropriate way to achieve the purpose of the Act; and (b) whether, having regard to their efficiency and effectiveness, the policies, rules or other methods are the most appropriate for achieving the objectives. An evaluation must also take into account: (a) the benefits and costs of policies, rules, or other methods; and (b) the risk of acting or not acting if there is uncertain or insufficient information about the subject matter of the policies, rules or other methods. This report fulfils the obligations of the Council under s32 of the RMA. The following is a section 32 analysis in regard to Chapter 6 Natural Features and Landscapes. It should be read together with the text of the proposed City Plan itself. 2. PURPOSE OF THE CHAPTER The purpose of Chapter 6 Natural Features and Landscapes is to identify and address the protection and ongoing management of Outstanding Natural Features and Landscapes, Important Amenity Landscapes, Natural Character and Landscape Character within the City. The Resource Management Act 1991 (RMA) requires the Council to recognise and provide for the protection of Outstanding Natural Features and Landscapes from inappropriate subdivision, use and development as a Matter of National Importance under the RMA (Section 6(b)). Landscapes can also have an interrelationship with the other matters to be provided for under Section 6 and section 7 of the RMA, specifically; o section 6(a) -...preservation of the natural character of the coastal environment...wetlands, and lands and rivers... ; o section 6(c) -...protection of areas of significant indigenous vegetation and significant habitats of indigenous fauna... ; o section 6(d) -...maintenance and enhancement of public access to and along the coastal marine area, lakes and rivers... ; and; o section 6(e) -...the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu and other taonga. In addition, o section 7(c) of the Resource Management Act 1991 requires Council to have particular regard to the maintenance and enhancement of amenity values. In addition section 52 of the Resource Management (Simplifying and Streamlining) Amendment Bill requires trees to be specifically identified in a plan if the Council wishes to proactively manage them. The Natural Features and Landscape Chapter identifies the Outstanding Natural Features and Landscapes and Important Amenity Landscapes (including notable trees) and includes the necessary Objectives, Policies and Rules to ensure the ongoing protection and enhancement of these features and landscapes. City Plan S32: Chapter 6 Natural Features and Landscapes 4

5 The Chapter also incorporates Objectives and Policies which promote the preservation of the City s Natural Character and the role that distinct Suburban, Urban, Rural Residential and Rural landscapes play in maintaining the overall amenity of the City. Other areas of the City also have diverse and unique landscape character. The plan recognises these landscapes as playing an important role to maintaining the amenity of the City, and relevant Objective and Polices have been developed to consider adverse effects on these areas with landscape character. The Chapter also deals with the identification of important views within the City, specifically important culture views to Mauao, and the identification and protection of a number of other views to Outstanding Natural Features and Landscapes, specifically Mauao. City Plan S32: Chapter 6 Natural Features and Landscapes 5

6 3. RECORD OF DEVELOPMENT OF PROVISIONS 3.1 Background Research Through the development of the Operative District Plan, Structure Planning processes and other associated Council policy, a significant amount of research on landscape assessment and characterisation has taken place. The key background research that underpins Chapter 6 Natural Features and Landscapes comprises the following documents: Regional Research Boffa Miskell (1993) A Landscape Assessment of the Bay of Plenty Coastal Environment, Report prepared for Environment Bay of Plenty Boffa Miskell (1993) Western Bay of Plenty District Visual Landscape Evaluation, Report prepared for the Western Bay of Plenty District Council. Boffa Miskell (1996) Bethlehem/Wairoa Planning Study Landscape and Ecological Assessment, Report prepared for the Tauranga District Council. Boffa Miskell (2006) Outstanding Natural Features and Landscapes: Bay of Plenty Coastal Environment, Report prepared for Environment Bay of Plenty. Boffa Miskell (2007) Outstanding Natural Features and Landscapes Review, Report prepared for Environment Bay of Plenty. Boffa Miskell (2009) Outstanding Natural Features and Landscapes Review in Inland Bay of Plenty, Report prepared for Environment Bay of Plenty. Environment Bay of Plenty Planning Documents: o Regional Coastal Environment Plan, o Regional Water and Land Plan, o Regional Policy Statement (RPS). SmartGrowth Research Boffa Miskell (2002) SmartGrowth Phase 2 - Biophysical Constraints Research Brief: Landscape and Natural Features, report prepared for SmartGrowth. Boffa Miskell (2007) Review of Landscape Management and Protection Strategies for Viewshafts of Mauao, Mount Maunganui, Report prepared for the SmartGrowth Combined Tangata Whenua Forum. Kaahuia Policy Resource Planning & Management (2003) Marae Sightlines Report, Report prepared for SmartGrowth and the SmartGrowth Combined Tangata Whenua Forum. District Research Boffa Miskell (1995) Tauranga District Landscape Study, Report prepared for the Tauranga District Council. Boffa Miskell (2009) Tauranga City Landscape Study, Report prepared for the Tauranga City Council. Tauranga City Council Adopted Strategies o Open Space Strategy; o Urban Design Strategy; o Vegetation Management Strategy; o City Centre Strategy; o Wairoa River Valley Strategy. Tauranga City Council Adopted Reserve Management Plans: o Active Reserves Management Plan; o Coastal Reserves Management Plan; o Harbour Reserves Management Plan; o Neighbourhood Reserves Management Plan; City Plan S32: Chapter 6 Natural Features and Landscapes 6

7 o Historic Reserves Management Plan; and o Reserve specific Reserve Management Plans. Review of the operative plan provisions relating to protected trees and a review of Tauranga City Council STEM score assessments of existing protected tree stock. Tangata Whenua Research Iwi Management Plans (various) Ngati Kahu, Evaluation of the Cultural Heritage Landscape. Relevant Case Law Wakatipu Environmental Society Incorporated vs Queenstown Lakes District Council (2000) NZRMA 59). Other Reference Material Raewyn Peart (2005) Landscape Planning Guide for Peri-urban and rural areas, Environmental Defence Society, Each Report outlines the reports purpose and key findings, and as such is not listed in this section of the Report. It is noted that the key report that underpins the Chapter 6 - Natural Feature and Landscape: Boffa Miskell (2009) Tauranga City Landscape Study, Report prepared for the Tauranga City Council. Analysis of the above material included mapping of various components of the listed study s, strategies and documentation to include layers for GIS analysis of the landscape. Consideration of the Regional and District Landscape Assessments, against the current RPS criteria was undertaken to compare these studies against the recently adopted assessment criteria (through Change 1 of the RPS). Whilst similar outcomes are found between this study and previous studies (specifically the 1995 Tauranga District Landscape Study), this study focuses purely on the RPS criteria, The more recent Regional Coastal Landscape Assessment undertaken for Environment Bay of Plenty (1993) provides documentation of the assessment criteria which is consistent with the RPS criteria; therefore consideration of the Natural Science Factors has been compared directly. The value based criteria, including Shared and Recognised Values, are based more specifically on District level evaluation rather than the Regional level study. The outcomes of the Regional level study are important as this provides a regional based evaluation of these values, although it does not provide an understanding of the perception of landscape at a district level. The Marae Sightlines Report undertaken by Kaahuia Policy Resource Planning & Management (2003) considered all views from marae, with minimal evaluation and information of the specific associations tangata whenua have with identified Natural Features and Landscapes and evaluation of the scale of these associations. The identification of Marae Sightlines to Mauao, undertaken in 2007 as part of the SmartGrowth, considered the importance and determined the viewing ability to Mauao from each Marae. Within this Study the GIS analysis of the views was further analysed and included into the identification of marae sightlines. City Plan S32: Chapter 6 Natural Features and Landscapes 7

8 3.2 Consultation Outcomes In August 2008 general consultation of issues associated with the Natural Features and Landscape Chapter and options to address these issues was undertaken. The following feedback is a bullet point summary of the key issues raised through the initial consultation period that apply to this Chapter: Protect the coastal environment from tall/large buildings and developments; Limit development within the coastal environment to 20m at a minimum; Need for more green areas that are not built out from buildings; Tauranga should not be built out from large community housing such as apartments; One submission was received that opposed all issues regarding landscape; It is very important to protect the region s landscapes. Viewshafts to Mauao and the harbour should definitely be protected. The public should be consulted on how they view and value the landscape; It is noted that the preservation of the natural character of rivers and their margins and their protection from inappropriate subdivision and development is a matter of national importance. The protection of Important Amenity Landscapes as recommended by the Wairoa River Valley Strategy should be carried out; and Concern raised about the future of the valley of the Wairoa River, extending from Te Puna and Bethlehem to MacLaren Falls and the need for Tauranga City and the Western Bay District to protect the value of the corridor of future public open space, water quality protection and the retention of views for travellers on State Highway 29 and protect the valley from development (including Industrial development). During this time targeted consultation was also undertaken with property owners currently affected by the operative tree register to provide them with an opportunity to comment on the future of tree protection as part of the review. The following comments were received: Review the existing tree register and relevant rules. Large number of requests for removal of specific registered trees (94 submissions). Trees should only be protected on public property only. Support of the existing register and the value of protecting trees on a register. Trees should not be protected where they cause nuisance, become too large in residential environment or present a health and safety issue. Protect native trees only. Incentives to protect trees. Remove trees that do not meet existing policy threshold criteria for inclusion on the register. Costs of removing de-registered trees who is responsible? In April 2009 a community feedback exercise was undertaken on draft content for the City Plan. As a result of this process the following feedback was received: Requests for greater protection of the Open Coast area from the Mount Main Beach to the Kaituna River; Questions raised over the intent and interpretation of legislation and SmartGrowth regarding the identification and protection of viewshafts; Questions raised over the overall impact of mapping landscape areas on undeveloped private land and land identified for future urban purposes through the Regional Policy Statement. City Plan S32: Chapter 6 Natural Features and Landscapes 8

9 In particular there was a significant amount of feedback on protected trees. A total of 57 submissions supported the proposal whilst 39 submissions were in opposition. The comments received are summarised as follows: General Tree Comment: Cost of removal or pruning of trees if removed from register. Increased pressure from neighbours to remove trees no longer protected. Requests for removing street trees. Support Cost of maintaining a registered tree physical damage, neighbour relationships Ability to manage trees without resource consents. Oppose Trees should be retained for the amenity of the city Want threshold for inclusion raised higher so their tree could be removed. Loss of maintenance assistance from the Council. Tangata Whenua During the initial phases of the review of the District Plan, consultation was undertaken with all Iwi through a series of hui held in each rohe. Further specific consultation with Tangata Whenua on Natural Features and Landscapes was undertaken with the Tangata Collective Forum. This occurred on the following dates: 28 th August 2008; 26 th February 2009 These hui were used to outline the Review of the District Plan, the review of the Tauranga District Landscape Study and provide Tangata Whenua with the opportunity to provide comment on the project and its outcomes. Further meetings and correspondence was undertaken with each Iwi Authority comprising Ngati Pukenga, Te Arawa, Ngati Ranginui and Ngai Te Rangi. The latter of the two Iwi Authorities were unable to meet collectively with their respective hapu and consultation formed written correspondence and consultation through the Tangata Whenua Collective to gain further discussion on Tangata Whenua values on the Outstanding Natural Features and Landscapes, Important Amenity Landscapes and Marae Viewshafts. This hui occurred on the 30 th July The key issues raised were that tangata whenua consider that: Mauao is an Outstanding Natural Feature and Landscape and the exclusion of the camping ground area was not appropriate. The Wairoa River is an Outstanding Natural Feature and Landscape, rather than an Important Amenity Landscape; There is a need to consider restoration as part of the requirements for landscapes that have been modified (such as on the top of Mangatawa through quarrying); The outcomes of this hui were: Each hapu was provided with the opportunity to review all work and provide comments/requested changes to the document prior to it being notified as part of the Proposed City Plan. No formal written feedback was received from either hapu or iwi representatives. City Plan S32: Chapter 6 Natural Features and Landscapes 9

10 Parallel consultation with Tangata Whenua of Tauranga, via the Tangata Whenua Advisor for the District Plan Review, Mr Te Pio Kawe of Boffa Miskell Ltd, noted the following issues raised through the advisory hui undertaken: Reluctance on the inclusion of the Matapihi Harbour Margin Important Amenity Landscape Features within the Plan; Ngai Tamarawaho needed further information regarding the implementation of the marae sightlines to Mauao; Ngati Hangarau also required further information regarding the implementation of the marae sightlines to Mauao. Key issues arising from discussions with Iwi groups include: Refinement of discussion of Maori / Tangata Whenua Values detailed in the district plan; Reflection of cultural associations with landscape through narrative association; Protection of views to Mauao across Central Business District for Ngati Hangarau. Key Professionals Focus Group A key professionals focus group was held with all local landscape architects who commonly practice in the area of landscape planning. Discussions with these professionals raised issues mainly around the inclusion of urban amenity values into the Reviewed Landscape Study. Te Tumu Landowners Group and Sandy Walkers Group Following the outcomes of submissions received and Elected Member direction, a caucusing meeting was held between experts from TCC, the Te Tumu Landowners Group and the Sandy Walkers Group. The purpose of this meeting was to discuss the key issues that each party had with the Draft City Plan (as released for community feedback), and included: Identification of Outstanding Natural Features and Landscapes, and Important Amenity Landscapes; Identification of Special Ecological Areas. With respect to the Te Tumu Landowners Group, further site visits and re-mappng was undertaken based upon the outcomes of discussions. With respect to the Sandy Walkers Group, issues raised were discussed, and certain areas that were identified as Important Amenity Landscapes were amended to being Outstanding Natural Features and Landscapes (where consensus was reached), however it was noted that consensus was not reached on the entire Open Coast being an Outstanding Natural Feature and Landscape. 3.3 Council Meetings Meeting: Strategy and Policy Committee - 28 th May 2008 Issues Discussed: Sustainable Management of Outstanding Natural Features and Landscapes; Sustainable Management of Visual Amenity Landscapes & Cultural Landscapes; Protection of significant view shafts to Mauao; Identification and protection of view shafts to the Wairoa River Valley. Meeting Outcomes: Elected Members requested further information and discussion on this matter, which was to be discussed at a subsequent Strategy and Policy Committee. City Plan S32: Chapter 6 Natural Features and Landscapes 10

11 Meeting: Strategy and Policy Committee - 28 th May 2008 Issues Discussed: Sustainable Management of Outstanding Natural Features and Landscapes; Sustainable Management of Visual Amenity Landscapes & Cultural Landscapes; Protection of significant view shafts to Mauao; Identification and protection of view shafts to the Wairoa River Valley. Meeting Outcomes: Through the Review of the Tauranga District Landscape Study reassess all landscapes against the new Environment Court case law criteria for Outstanding Natural Landscapes and Features and Visual Amenity Landscapes. Develop a potential approach to protect cultural viewshafts (sightlines from Marae to identified cultural landscapes) through the review of the Tauranga Cityt Landscape Study. Through the Review of the Tauranga City Landscape Study identify key viewshafts for potential protection and develop a draft series of methods for consideration by Elected Members to protect those significant view shafts to Mauao. Through the Review of the Tauranga City Landscape Study identify key viewshafts for potential protection and develop a draft series of methods for consideration by Elected Members to protect those significant view shafts to Mauao. Meeting: Strategy and Policy Committee 23 June 2008 Issues discussed: The protection of trees. Meeting outcomes: Review existing tree register to consider amending number of trees listed, tree classifications and location descriptions and provide a summary of the proposed method of approach to property owners (and adjacent property owners) affected by the review of the tree register Meeting: Strategy and Policy Committee 20 th October 2009 Issues Discussed: Previous discussion and direction; Re-cap Landscape planning, legislation and case law; What makes a natural feature or landscape outstanding? What makes an Amenity Landscape? Outcomes of consultation period; Outstanding natural landscapes; Possible District Plan responses; Key Issues (Threats & Opportunities); District plan responses and recommendations; o Visual amenity landscapes & other landscape characteristics; o Marae sightlines o Viewshafts to Mauao o View shafts to the Wairoa River Valley. City Plan S32: Chapter 6 Natural Features and Landscapes 11

12 Meeting Outcomes: Elected Members agreed to: Outstanding Natural Features and Landscapes o Papamoa Dunes consider the wedge option in undeveloped areas and outcomes with an achievable implementation method; o Mauao, Hopukiore, Moturiki and Mangatawa management of built form, infrastructure on and around the landforms, through site coverage, colour/reflectivity controls, building form, height and scale controls; o Tauranga Harbour management of setbacks and vegetation margin for buildings and structures. Visual Amenity Landscapes and Other Landscape Characteristics (character areas). o Management of subdivision design; o Management of building location, scale height and reflectivity (rural); o Management of sensitive zones such as coastal margin, ridgelines, prominent sites and areas through; o Management of open space qualities of an environment (e.g. Wairoa River) through limiting building in areas; o Enhancement of character through incentives for planting; and o Assessment criteria for discretionary activities. Marae Sightlines - Integration of Marae Sightlines into the future settlement pattern o Limiting building height in front of significant view shafts from marae; o Limiting vegetation growth within the immediate viewing plane; o Management of structure plan and subdivision design through recognition of visual linkages to Outstanding Natural Landscapes and Features; o Management of view shafts to a lesser degree by focusing on quality rather than extent of the view; o Mapping of the view corridor between the marae and the identified features; o Co-ordinating the acquisition of reserves under the provisions of Council s Levels of Service with the desire to protect viewshafts. o Providing for these outcomes as a factor in considering an increase in building heights. Viewshafts to Mauao - Identification and protection of significant view shafts to Mauao o Limiting building height in foreground of view shaft from the marae; o Limiting vegetation growth within the immediate viewing plane; o Management of structure plan and subdivision design through recognition of visual linkages to Mauao; o Management of view shafts to a lesser degree by focusing on quality rather than extent of the view; o Mapping of the view corridor between the Marae and Mauao; o Co-ordinating the acquisition of reserves under the provisions of Council s Level of Service with the desire to protect viewshafts; o Providing for these outcomes as a factor in considering an increase in building heights. Viewshafts to Wairoa River Valley o Manage the Wairoa River Valley within the existing zoning pattern, to move forward with enhancement and mitigation to manage the character of the Wairoa River Valley rather than focus on fixed viewshafts. City Plan S32: Chapter 6 Natural Features and Landscapes 12

13 Meeting: Strategy and Policy Committee 17 November 2008 Issues discussed: How should trees be registered? Should geographic location of protected trees be recognised in assessing their value? How should the value of trees be assessed? Where should STEM score thresholds be set for notable trees Meeting outcomes: Classify and register trees as heritage and notable ( landscape classification would be removed). Do not recognise value of geographic location in tree assessments. Assess trees for inclusion based on STEM score, RPS criteria and a site suitability criteria (to be developed). Minimum STEM score threshold between (to be determined). Meeting: Strategy and Policy Committee - 19 th February 2009 Issues Discussed: Presentation of the Draft Natural Features and Landscapes Chapter for community feedback which was endorsed for that process. Meeting: Strategy and Policy Committee 13 March 2009 Issues discussed: The minimum STEM score of registered trees had been set at 150, reducing the number of registered trees from over 1200 to 173. Property owners of trees to be retained would be advised in writing and would have the opportunity to submit on this matter. Most registered trees were on private property. Meeting outcomes: Notify draft plan content for informal submissions. Meeting: Strategy and Policy Committee 30 th June 2009/4 th July 2009 Presentation community feedback received through the community engagement process, and associated issues and options to that feedback; Identification of Viewshafts to Mauao from Marae; Viewshafts to Mauao; Request for the inclusion of a Sensitive Zone within sight of the ocean beach for no building or low building; Request for an Open Coastal Landward Edge Protection Yard of 100metres; Request for the re-assessment and protection all unbuilt dunes edging beach (Mauao to Kaituna); Request to include all of Mauao including the campsite and hot pools as Outstanding Natural Features; Opposition to the use of the criteria used to assess Outstanding Natural Features and Landscapes. Request change to use criteria in proposed NZ Coastal Policy Statement. Request for re-assessment of Mauao and Papamoa Dunes factors, values and associations criteria; Request for the addition of Viewshaft to Mauao from Mount Beach; Request protection of skyscapes by use of wedge principle; Request to remove the 60m and Important Amenity Landscape Policy Area around Matapihi Peninsula; City Plan S32: Chapter 6 Natural Features and Landscapes 13

14 Identification of Outstanding Natural Landscapes and Natural Features Te Tumu Meeting Outcomes: Elected Members agreed to: Continue with the proposed approach outlined in the Draft Plan; Undertake further discussion with representatives of the Te Tumu Landowners Group regarding the identification of Outstanding Natural Features and Landscapes. Meeting:Strategy and Policy Committee 5 August 2009 Issues discussed: Trees Oppose Proposed Tree Register Trees Support Proposed Tree Register Meeting outcomes: Introduce another STEM threshold for native trees only (suggest 130 STEM points). Retain proposed STEM threshold for exotic trees.(150 STEM points). Meeting: Strategy and Policy Committee 1 September 2009 Issues Discussed: Outcomes of Te Tumu caucusing and future work. Meeting Outcomes: Elected Members agreed to: Continue with the proposed approach outlined in the Draft Plan, with minor amendments in accordance with the discussions of the relevant meetings; Continue to work with representatives of the Te Tumu Landowners Group regarding the identification of Outstanding Natural Features and Landscapes; Make no further changes to the Draft Plan for notification in relation to the reminder of the Open Coast identify Outstanding and Important Landscapes as proposed (noting the one area of change where agreement was reached near Stella Place). 3.4 Relevant Legislation, Strategies and Policy Resource Management Act 1991 The Resource Management Act requires the Council to recognise and provide for the protection of outstanding natural features and landscapes from inappropriate subdivision, use and development as a matter of national importance under the RMA (section 6(b)). Landscapes can also have an interrelationship with the other matters to be provided for under section 6 and 7 of the RMA, specifically; section 6(a)...preservation of the natural character of the coastal environment...wetlands, and lands and rivers... ; section 6(c)...protection of areas of significant indigenous vegetation and significant habitats of indigenous fauna... ; section 6(d)...maintenance and enhancement of public access to and along the coastal marine area, lakes and rivers... ; and; section 6(e)...the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, wahi tapu and other taonga. In addition, section 7 of the Resource Management Act 1991 requires Council to have particular regard to Other Matters including the following relevant provisions: (c) Maintenance and enhancement of amenity values; and (f) Maintenance and enhancement of the quality of the environment. City Plan S32: Chapter 6 Natural Features and Landscapes 14

15 The requirement that decision-makers recognise and provide for Matters of National Importance and have particular regard to Other Matters means that these values have a priority in delivering on sustainable management. In recent years the Environment Court has developed a set of criteria for assessing Outstanding Natural Features and Landscapes and which provides a consistent national framework for determining those landscapes. The following key points taken from RMA case law is relevant: What is an Outstanding Natural Landscape? Landscape includes both the physical and the aesthetic or perceptual qualities, and may include the built aspect of an historic landscape in an area where a significant event in human history has taken place. To fall within section (6)(b), a landscape must be both outstanding and natural. What is outstanding is a subjective judgement in which a council must assess the landscape in a district-wide context and as such section (6)(b) does not only apply to nationally outstanding landscapes only. While an Outstanding Natural Feature and Landscape is usually obvious in general terms suggesting that there is no need for expert analysis, such analysis is required to determine where that landscape ends. In doing so the term landscape does not require precise definition as discussed by the Environment Court through case law such as in Queenstown. Landscape is an aspect of environment, including natural and physical features and resources as well as social and cultural factors. A precise definition of landscape has not occurred through the RMA, nor has it been given by the Courts. However a working definition was discussed in an Environment Court case in Queenstown which includes; Landscape is a large subset of the environment; Landscape involves both natural and physical resources and various factors relating to the viewers and their perception of the resources; Landscape is a link between individual resources and the environment (as defined in the RMA) as a whole. It considers a group of natural and physical resources together. It also emphasises that our attitudes to those resources are affected by social, economic, aesthetic and cultural conditions. To aid in identifying what is an outstanding natural landscape or feature the Environment Court has developed criteria which includes, but not limited to: The Natural Science Factors the geological, topographical, and dynamic components of landscape; Its aesthetic values including memorability and naturalness; Its expressiveness how obviously the landscape demonstrates the formative process leading to it; Transient values occasional presence of wildlife; or its values at certain times of the day or of the year; Whether the values are shared and recognised; Its values to Tangata Whenua; and Its historical association. What is inappropriate subdivision and development? The Environment Court has identified that while inappropriateness will need to be considered on a case by case basis, it must be judged from the point of view of preserving the matters identified as being of national importance. However, in considering this matter development becomes inappropriate when it diminishes in any significant way the City Plan S32: Chapter 6 Natural Features and Landscapes 15

16 outstanding natural landscape or the reasonable person s perception of it. Although priority is accorded to preservation of the natural character of the landscape, that does not itself exclude every use or development in such areas, rather it is whether those elements that contribute to the natural character would be modified. Through the establishment of the Outstanding Natural Landscape and Features case law and assessment criteria, the Environment Court also considered the concept of Visual Amenity Landscapes. Section 7 of the RMA states that decision makers shall have particular regard to: (b) The efficient use and development of natural and physical resources; (c) The maintenance and enhancement of amenity values; (d) Intrinsic values of ecosystems; (f) Maintenance and enhancement of the quality of the environment; (g) Any finite characteristics of natural and physical resources. Those administering the RMA must give particular weight or consideration to the matters of section 7. The matters in section 7 must be recognised as important to the particular decision and therefore to be considered and carefully weighed in coming to a conclusion. While outstanding natural landscapes are a matter of national importance under section 6, lesser landscapes may be considered under section 7(b), (c), (d), (f) and (g) and provided with appropriate management. Further, the concept of cultural landscapes is implied in S7(b) (iv) of the definition of 'historic heritage' under the RM Amendment Act 2003 '...surroundings associated with the natural and physical resources. 'Effective management of historic heritage is a Matter of National Importance under the Amendment Act. There is no set definition of a cultural landscape, and as such it is interpreted to apply not only to areas important to Tangata Whenua, however also to areas that are important to the community of Tauranga. No criteria exist for the assessment of amenity values (visual amenity landscapes), however the criteria developed through the Environment Court can be used to provide guidance and are used to assess landscapes within the City that are not identified as outstanding. Resource Management (Simplifying and Streamlining) Amendment Bill Section 52 (4)(a) However a rule must not prohibit or restrict the felling, trimming, damaging or removal of any tree or group of trees in an urban environment unless the tree or group of trees is (a) specifically identified in the plan; Regional Policy Statement The Environment Bay of Plenty Regional Policy Statement (RPS) contains provisions for management of heritage that encompasses Outstanding Natural Features and Landscapes as well as natural character. These provide strong directives to Council in identifying matters under s6 RMA and the contents of District Plans and, potentially, other policies. City Plan S32: Chapter 6 Natural Features and Landscapes 16

17 District Plans are the primary means by which the RPS policy will be implemented, as controlling land use and subdivision, for this purpose is outside the functions of regions under the RMA. The following explanation is provided in the RPS Heritage Section: The region s diverse natural features and landscapes are part of its heritage and contribute to the physical setting of peoples lives. The Bay of Plenty encompasses a diverse range of the nation s most dramatic and internationally recognized landscapes. These landscapes are strongly influenced by water, and include lakes, harbours, estuaries and a long, varied coastline, while geothermal resources (geysers, mud pools and steam fields) contribute a distinctive active component. A range of landforms such as mountain ranges, volcanic plateaux and coastal plains add to the region s diversity. The region also includes areas of native bush cover and plantation forest, which contribute strongly to the pattern of landscape. Some features, such as those associated with the region s geothermal resources, Tauranga Harbour, Ohiwa Harbour, Mt Tarawera, Whakaari/White Island, and the Motu River, are widely recognised. They contribute to what is special about the Bay of Plenty Region. However, many heritage places are not obviously apparent, including numerous sites associated with human occupation such as wahi tapu and pa sites. Change No 1 amended the RPS by Inserting: New appendices for assessing heritage values and places in the Bay of Plenty Region and Criteria for assessing whether subdivision, use and development, in regard to heritage values and places assessed as warranting protection under section 6 of the Act is inappropriate. The RPS Objectives, Policies and methods are listed below: 15.3 Objective, Policies and Methods Natural Features and Landscapes and Historic Heritage (a) Objective The protection of historic heritage and outstanding natural features and landscapes from inappropriate subdivision, use and development (b) Policies (b)(i) To recognise historic heritage and outstanding natural features and landscapes (b)(ii) (b)(iii) (b)(iv) To recognise and provide for the interrelationships between historic heritage and outstanding natural features and landscapes and other regional resources. To ensure an integrated inter-agency approach to the protection of historic heritage and outstanding natural features and landscapes from inappropriate subdivision, use, and development. To afford priority to the protection of historic heritage and natural features and landscapes assessed as warranting protection under section 6 of the Act. City Plan S32: Chapter 6 Natural Features and Landscapes 17

18 15.3.1(b)(v) (b)(vi) To assess whether natural features and landscapes are outstanding, in relation to section 6(b) of the Act, by the extent to which criteria not inconsistent with those in Appendix F set 2: Natural Features and Landscapes are met. To assess the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga, in relation to section 6(e) of the Act, by the extent to which criteria not inconsistent with those in Appendix F set 4: Maori Culture and Traditions are met (b)(vii) To assess historic heritage, in relation to section 6(f) of the Act, by the extent to which criteria not inconsistent with those in Appendix F set 5: Historic Heritage are met (b)(viii) (b)(ix) (b)(x) (b)(xi) To assess, using criteria not inconsistent with those in Appendix G, whether subdivision, use and development is inappropriate in regard to historic heritage and natural features and landscapes considered to warrant protection under section 6 of the Act. To use criteria not inconsistent with those in Appendix F when preparing provisions relating to historic heritage and outstanding natural features and landscapes for inclusion in regional and district plans for the purpose of Part V of the Act. To provide for public education and information on historic heritage and outstanding natural features and landscapes. To recognise the sensitivity associated with some historic heritage and the potential tensions that may arise around the provision of information (c) Methods of Implementation Environment Bay of Plenty, City and District Councils, in co-operation with relevant agencies, will: (c)(i) Assess natural features and landscapes using criteria not inconsistent with those in Appendix F set 2: Natural Features and Landscapes (c)(ii) Assess historic heritage using criteria not inconsistent with those in Appendix F set 5: Historic Heritage. Environment Bay of Plenty, City and District Councils, in co-operation with relevant agencies, are encouraged to: (c)(iii) Identify and document historic heritage and outstanding natural features and landscapes (c)(iv) (c)(v) Identify and examine the pressures on historic heritage and outstanding natural features and landscapes. Investigate and implement the most appropriate means of protecting historic heritage and outstanding natural features and landscapes (c)(vi) Compile and disseminate information about agency roles and responsibilities. City Plan S32: Chapter 6 Natural Features and Landscapes 18

19 15.3.1(c)(vii) Undertake and support education programmes and the provision of information that promote awareness and understanding of historic heritage. Environment Bay of Plenty, City and District Councils are encouraged to liaise in: (c)(viii) Taking historic heritage and outstanding natural features and landscapes into account in all resource management decisions (c)(ix) Protecting historic heritage and outstanding natural features and landscapes from inappropriate subdivision, use and development using methods such as: (a) Appropriate provisions in regional and district plans; (b) Resource consent conditions; and (c) Appropriate procedures, such as conservation and open space covenants, heritage orders, financial and other incentives, and the establishment of heritage trust funds (c)(x) Developing and implementing a system of silent files to protect sensitive information about historic heritage that is significant to Maori. The system is to include a mechanism to provide information on silent files to affected landowners as appropriate (c)(xi) Ensuring that databases and information relating to historic heritage and outstanding natural features and landscapes, including databases contained within plans, are easily accessible (except for historic heritage with associated sensitivities), maintained and periodically reviewed. When initial assessment of any resource consent application against such databases indicates that a recorded place may be affected, information regarding the precise location of that place should be sought from the relevant agency, such as the New Zealand Historic Places Trust or the Department of Conservation (c)(xii) Ensuring that applicants for resource consents are made aware that, where a resource use, development or protection proposal is likely to have actual or potential adverse effects on historic heritage or a place subject to a heritage order, authorisation may also be required from the relevant protection authority to carry out such activities as follows: (a) Where any person wishes to destroy, damage or modify any recorded or newly discovered archaeological site, authority to do so must first be obtained in writing from the New Zealand Historic Places Trust, under the Historic Places Act (b) Where a heritage place is subject to a heritage covenant under the Historic Places Act 1993, the terms and conditions of that agreement in relation to the protection, conservation, and maintenance of that place, area, or waahi tapu may only be varied with the agreement of the owner, lessee or licensee of the land subject to the covenant, and the Historic Places Trust. (c) Where a heritage place is subject to a heritage order under the Resource Management Act 1991, the written consent of the relevant heritage protection authority is required before any person may do anything that would wholly or partly nullify the effect of the heritage order (c)(xiii) Ensuring that an assessment of whether a subdivision, use or development proposal is inappropriate is provided using criteria not inconsistent with those in Appendix G for any historic heritage or natural feature or landscape assessed as warranting protection under section 6. City Plan S32: Chapter 6 Natural Features and Landscapes 19

20 15.3.1(c)(xiv) (c)(xv) Promoting the use of the criteria in sets 2 and 5 of Appendix F for assessing the effects of activities on natural features and landscapes and historic heritage, in such detail as corresponds with their scale and significance. Having regard to the conservation principles contained within the International Committee on Monuments and Sites (ICOMOS) NZ Charter for the Conservation of Places of Cultural Heritage Value when preparing methods of implementation for plans. Environment Bay of Plenty will: (c)(xvi) Promote, support and be involved in compiling a regional inventory of historic heritage and outstanding natural features and landscapes bringing together and refining existing inventories (c)(xvii) Maintain a user guide to illustrate and assist the interpretation and application of the criteria in Appendix F. The RPS focuses on Outstanding Features and Landscapes and explains that not all heritage values and places can realistically or reasonably be protected. However, heritage values and places that are assessed as warranting protection under Section.6 of the RMA are considered to be a priority for any protection initiatives. The RPS also explains that even given that priority of protection, at times there may have to be compromises with other resource uses. The policy to this end is directive on Councils and states: To assess whether natural features and landscapes are outstanding, in relation to section 6(b) of the Act, by the extent to which using criteria not inconsistent with those in Appendix F set 2: Natural Features and Landscapes are met. Appendix F Set 2 is derived from the Environment Court which defined relevant criteria for assessing Outstanding Natural Features and Landscapes in WESI vs. QLDC. The criteria must be applied by the City Council in assessing Natural Features and Landscapes within the City. These criteria are outlined below: Natural Features and Landscapes shall be determined by the extent to which the following are met: Natural Science Factors Representativeness Natural features and landscapes are clearly and recognisably characteristic of the area, district or region. The key components of the landscape will be present in a way that more generally defines the character of the place, but which distils this character exceptionally and in essence; Natural features in a good state of preservation are representative and characteristic of the natural geological processes and diversity of the region; Research and Education Natural features and landscapes are exceptionally valued for the contribution they make to research and education; Rarity Natural features are unique or rare in the region or nationally, and few comparable examples exist; City Plan S32: Chapter 6 Natural Features and Landscapes 20

21 Aesthetic Values Coherence The patterns of land cover and land use are largely in harmony with the underlying natural pattern of the landform of the area and there are no significant discordant elements of land cover or land use; Vividness Natural features and landscapes are widely recognised across the community and beyond the local area and remain clearly in the memory; striking landscapes are symbolic of an area due to their recognisable and memorable qualities; Naturalness Natural features and landscapes appear largely uncompromised by modification and appear to comprise natural systems that are functional and healthy; Intactness Natural systems are intact and aesthetically coherent and do not display significant visual signs of human modification, intervention or manipulation; exceptionally visually intact and highly aesthetic natural landscapes; Expressiveness (Legibility) Natural features and landscapes clearly demonstrate the natural processes that formed them. Exceptional examples of natural process in landscape exemplify the particular processes that formed that landscape; Transient Values The consistent occurrence of transient features (for example the seasonal flowering of pohutukawa) contributes exceptionally to the character, qualities and values of the landscape; landscapes are widely recognised for their transient features and the contribution these make to the landscape; Shared and Recognised Values Natural features and landscapes are widely known and exceptionally valued by the immediate and wider community for their contribution to a sense of place leading to a strong community association with or high public esteem for the place; Maori Values Natural features and landscapes are clearly special or widely known and exceptionally influenced by their connection to the Maori values inherent in the place; Historical Associations Natural features and landscapes are clearly and widely known and exceptionally influenced by their connection to the historical values inherent in the place. The RPS is also directive in how the Council must address resource consent applications that relate to Outstanding Natural Features and Landscapes by: Ensuring that, where a resource use, development or protection proposal is likely to have an actual or potential adverse effects on any heritage value or place, an assessment of the effects on that heritage value or place is provided within any relevant assessment of environmental effects the resource consent application, using criteria not inconsistent with those in Appendices F & G. and City Plan S32: Chapter 6 Natural Features and Landscapes 21