JOHN WAYNE STEPHENSON (JWS) HEARING OF SUBMISSIONS OF PROPOSED PLAN CHANGE lsa OF THE DISTRICT PLAN FOR THE PALMERSTON NORTH CITY COUNCIL INTRODUCTION Under Plan Change 15A JWS property on the corner of Henaghans Road and Hendersons Line in Whakarongo has been zoned Rural. JWS presents this submission to support JWS contention that JWS property should be re-zoned to Rural Residential under Plan Change 15A PRE-AMBLE Questions were being asked at the Hearing yesterday about the numbers of properties covered by the earlier JWS all inclusive submission. When first settled in the 1870's the area was part of what was known as the Scandinavian and Roadsmens blocks. This land was split into 20 acre lots of which there were 45 in the area of JWS submission. The original settlers were to build the roads and railways and had blocks of land on which to fell the bush to erect housing and enable the raising of livestock to feed themselves and their families. Some of these blocks were subsequently amalgamated into larger farms as farming economics dictated. Most have since been subdivided and re subdivided because of the proximity to the city. JWS property is an early amalgamation of three of these 20 acre blocks. JWS earlier submission was for all the land between Henaghans Road and Stoney Creek Road. The adjoining land between Stoney Creek Road and the urban city has now been zoned Residential. JWS in his original submission was also thinking further down the line where City planners may avoid the situation such as that which has occurred in the disjointed Schnell Drive commented on by a submitter to the Hearing yesterday afternoon. The density of subdivisions in the north east of the so called Hendersons Block around JWS property on the corner of Hendersons and Henaghans Road plus the development on the corner of Henaghans Road and Kelvin Grove Road has been intensive. JWS included these areas from Henaghans Road back to Stoney Creek Road in his original submission because of: the Council's recent history of granting consents for subdivisions and because of its proximity to the area now zoned Residential between Stoney Creek and the already built up city and the nearby land over the other side of Kelvin Grove Road being zoned Rural Residential. This submission will now only apply to the property owned by JWS.
BACKGROUND JWS has owned the Whakarongo property for 37 years, taking over the farm in 1978. Over that time the nature of the area has changed from rural to rural residential. Our original 60 acre farm is now possibly the only remaining farm in the vicinity that is still intact from when the first settlers arrived. Over time it has become less and less of an economic unit. By JWS count since 1978 there have been an additional 20 new homes erected on Hendersons Line between Stoney Creek Road and Henaghans Road. The paper road on the farm purchased by JWS has now been converted into Hendersons Line extension from which a further 14 properties have been created, all but"one of which have been built on. Nearby to these properties has been the Glenburn development on which yet another 19 properties have been created. On Henaghans Road, from which we are accessed, a further 15 houses have been erected since our arrival. JWS has now recently received consent from Council to subdivide off five properties along the Hendersons Line extension road frontage. Properties have been sub-divided and re-subdivided over the years and neighbours have told JWS of their intentions to subdivide in the future as well. They have recognised the changing nature of the area. Land agents frequently include "subdivision potential" in their advertising when marketing the neighbourhood properties when they become available for sale. I am personally not aware of the Council declining consents for subdivisions applied for in the immediate vicinity. When our children started at the local school in 1980 there were approximately 95 pupils in attendance and the school was struggling to retain 3 teachers. The school now has 507 pupils and 22 permanent teachers (a total of 40 staff when counting all the support people). I am trying above to paint a picture here that what was basically a rural environment is now effectively a rural residential district despite the Council having zoned the area Rural in the past and in the proposed zoning under Plan Change 15A We were originally in that part of the Orua County Council which was subsequently absorbed into the Palmerston North City Council which implies, presumably, that the Council expect this area to be available for future extension of the city residential, commercial, or industrial areas. Plans and photos ofthe changing nature of the area attached. GEOGRAPHIC AND GEOLOGICAL CONSIDERATION The property is located on what could be described as a plateau above the Manawatu River floodplain. The soils are a heavy clay which get water logged in winter and set like concrete in summer. It is unsuitable for horticulture or for grazing with heavy livestock as they quickly pug the ground once the land is wet. Over the years of my experience on the property I have found the rearing and fattening of lambs to be the most effective use of the land.
The soils have been commented on adversely by all soil consultants used to support the various subdivision consents applications. Further to those reports is the latest submission to Council by their consultant Dr Craig Ross, a Soil Scientist, in his report 28 August 2015 which rated the soils on JWS property as Class 3 and Class 6 (Section 42A Report page 101 Appendix 2) i.e. low suitability or unsuitable for much farming activity. With the small size of the property and its use restricted by the poor quality soils the farm is now an uneconomic unit. EFFECTS OF SUBDIVISIONS ON FARMING DECISIONS With the changing positions taken by Council as to what will be the strategy for future use of the land in our vicinity it has been very difficult to utilise the farm to its maximum potential. The replacement of existing sub-standard fencing and the investment in further fencing, replacement of tired old pastures, application of fertilizers, repair and maintenance of existing drainage and further drainage all to maximise the productive capability of the poor grade soils has all been put on hold because of the uncertain future mid-term. After investing significantly in new farm sheds to replace sheds that existed beyond their economic lives Council approved a subdivision of a nearby 16 hectare block on Henaghans Road creating 12 new lifestyle blocks. Despite this subdivision being objected to by most locally affected landowners (including ourselves) Council proceeded to grant that consent. Council held that subdivision would not create a precedent but subsequent history has proved otherwise. The rural nature of the environment locally has now been irrecoverably changed with that and all the subsequent subdivisions that have been proceeded with. SECTION 42A REPORT - RURAL SUBDIVISION OCTOBER 2015 PROPOSED PLAN CHANGE 15A STATEMENT OF EVIDENCE BY JOHN ROBERT HUDSON John Robert Hudson, Landscape Architect, has commented in his report dated 08 October 2015 included in the Section 42A Report on 15A Rural Subdivision. Pg 116 Landscape Conclusion: From a landscape and visual effects perspective, this area is appropriate for inclusion in the Overlay. Mr Hudson has reported in Section 21 on page 110- "There are only a small number of requests which I considered appropriate to be added to the Overlay from a landscape perspective, as the Overlay stands. Generally speaking these are either in the areas where the inclusion of the properties would fit with existing patterns of development, and set up a logical progression of movement through increasing lot sizes from the urban to the rural areas; or they are on the edges of the Proposed Overlay and constitute a natural extension of the Overlay with minimal landscape effects."
In his report (page 136) he has commented further: Existing landscape character: Easy rolling pasture across terrace landscape above the Manawatu River escarpment. Vegetation in low wet areas through the pasture and associated with dwellings, particularly towards Palmerston North city. This area covers a range of lots from open farmland to the north/north-west, and scattered ruralresidential/rural lifestyle on variable lot sizes to the south-west, on the outskirts of the city. Hendersons Line and Henaghans Road currently form the visual boundary of that scattered variable development to the south/south-west, with land to the north/north-east of Henaghans Road being open farmland. A small area of subdivision of 1 ha lots exists in the northeast of this property, at Glenburn Road" Visual Effects ofaddition to the Overlay: Dwellings set more closely together than is the norm in this wider area. Dwellings could be fitted into the undulating topography and visual effects mitigated with planting, and subdivision on this lot would appear as congruous with the more intensively developed areas towards the city and in parts of the submission area. landscape Character Effects ofaddition to Overlay: loss of rural character to the north and north-west of Henaghans Road. Intensification of 1ha on this property would be incongruous with the existing pattern of development in the immediate vicinity northeast of Henaghans Road, which consists of a scattering of variable lot sizes, typically over 4ha, but not southwest towards the city. Long term residential development pressure may be an issue over this area as the city expands east, which would be made more difficult if smaller lots prevailed over this area. landscape Conclusion: From a landscape and visual effects perspective, this area is appropriate for inclusion in the Overlay. SECTION 42A REPORT PROPOSED PLAN CHANGE 1SA STATEMENT OF EVIDENCE BY DAVID RICHARD MURPHY 09 OCTOBER 201S RURAL SUBDIVISION OCTOBER 201S Below is the Council response on pages 34 and 35 to JWS submission dated 04 March 2015. location: Henaghans Road, Hendersons Line, Hazelhurst Line, Stoney Creek Road (excluding the Stoney Creek flood plain). Submission: Requests the area bounded by properties on the Henaghans Road, Hendersons Line, Hazelhurst Line, Stoney Creek Road (excluding the Stoney Creek flood plain) to be included in the Rural Residential Overlay because of inferior Class III soils, contiguousness with existing development of city and compatibility with intent of P15A. Technical Comment: Soils: Marton (Class 3) and Halcombe Hill (Class 6}.1 Landscape: From a landscape perspective and visual effects perspective, this area is appropriate for inclusion in the overlay.
Planning Comment: This is a large area of class 3 land. As noted by the submitter, there has been small a number of rural-residential subdivision proposals approved in this general location during the duration of the operative District Plan, despite the overlay not being applied to this area. While there are a number of 1ha rural-residential allotments to the north-east and southern edges of the block of land referred to in the submission, the large majority of the land is held in large lots typically 8 hectares in size. The south-western edge of this land is also effected by the air noise contours and a further submission in opposition was received from PNAL. While the landscape evidence is favourable for inclusion in the overlay, the land in this location was assessed as part of the most recent Residential Growth Strategy (the Hendesons Area). While it was not identified for future growth it remains a potential medium to long term option (outside of the air noise contours) should City West not advance. It is one ofthe few area to the north ofthe Manawatu River that is located in close proximity to the existing urban area that is not subject to class 1-2 soils, high liquefaction risk or flooding from the Manawatu River, Mangaone Stream or Taonui basin. Recommendation: Reject JWS COMMENTS ON COUNCIL RECOMMENDATION TO REJECT JWS SUBMISSION As explained earlier in this submission Council have approved many and incremental subdivisions into small lifestyle blocks since our arrival in 1978 - by JWS count of Hendersons Line, Hendersons Line extension, and Henaghans Road a total of 54 blocks which excludes the 19 blocks on the nearby Glenburn subdivision. The soil types have been confirmed as inferior classes 3 and 6 unsuitable or low suitability for many farming activities. The north-east edge of the block of land referred to by Council as an area where there is a number of one hectare rural residential allotments is precisely the location of JWS property. Council comments that this land in this location was assessed potentially as part of the Residential Growth Strategy in the medium to long term. JWS attended a presentation by Mr Kobus Mentz on 14 September 2011 in the Council Chamber where he was explaining how appropriate land on the edges of urban areas could be subdivided and that those subdivisions and the location of buildings erected thereon could be planned in such a way that would allow further subsequent and incremental subdivisions plus the required infrastructure of roads, power, sewerage etc. Mr Mentz gave several examples where this incremental increase in density of land use had been successful in the past. The Council comments on the air noise contours. There exists many constructions within the various air noise contours at present within the urban area and within the rural and rural residential areas. JWS has read that with technical progress, present and future aircraft will require less runway for take-off and landing purposes. JWS believes aircraft are also quieter these days. Irrespective of the comments above, JWS property is well outside the existing air noise contours.
PLAN CHANGE 15 LEGAL REPORT COOPER RAPLEY SEPTEMBER 2015 Should the Council consider that this submission to Council be rejected because of existing restricting infrastructure JWS refers to the Agenda - Hearing by Commissioners paper pages 18 and 19 Policy 3-4: The Strategic integration of infrastructure with land use Territorial Authorities must proactively develop and implement appropriate land use strategies to manage urban growth, and they should align their infrastructure asset management planning with those strategies, to ensure the efficient and effective provision ofassociated infrastructure. Policy 3-5: Urban growth and rural residential subdivision on versatile soils In providing for urban growth (including implementing Policy 3-4), and controlling rural residential subdivision ("lifestyle blocks") Territorial Authorities must pay particular attention to the benefits of the retention of Class 1 and 11 versatile soils for use as production land in their assessment of how best to achieve sustainable management. JWS must emphasise here, that JWS makes this submission and the earlier submission of 04 March 2015 in relation to his particular property on the corner of Hendersons Line and Henaghans Road with its already high density of lifestyle blocks. JWS contends, however, consideration should also be given by Council for the longer term population growth over other area bounded by Henaghans Road, Hendersons Line and Kelvin Grove Road some of which has already been proposed to be zoned Rural Residential. SUBMITTED When JWS was obtaining consents for JWS application to Council for his recent subdivision creating five one hectare blocks, no neighbours commented adversely on the proposed development, in fact several ofthem stated they would also like to subdivide their properties. The mold for this area has been cast and has been for some time. Consultants reports supporting applications for subdivision consents have confirmed this for many years. John Hudson's Section 42 Report Summary of Conclusions refers to "John W Stephenson" 23 hectares - Area bounded by Henaghans Road and Hendersons Line; north side of Henaghans Road From a landscape and visual effects perspective, this area is appropriate for inclusion in the Overlay. This appears to refer specifically to JWS property, not the total area that Council appeared to consider with JWS submission of 04 March 2015 with - JWS 04 March 2015 submission. JWS submits to Council the above specific property should be rezoned Rural Residential. It appears JWS property and situation is not in a too dissimilar to that of submitter 90 Sandra K Hey, which submission Council sought fit to accept and rezone Rural Residential. When we arrived in 1978 JWS had three houses bordering JWS property. Now in 2015 there are 14. JWS has placed before this Hearing how Council can or should be able to mitigate the effects of rezoning this land as Rural Residential on subsequent future rezoning as Residential (refer Kobus Mentz presentation) and on infrastructure planning (if required) (refer Cooper Rapley Report).
To be consistent with; previous Council granting of consents for subdivision in the vicinity and the nearby Rural Residential existing and further nearby proposed Rural Residential zonings and because the remaining property to be held by JWS will be below the 20 ha threshold for Rural Zoning It is submitted that JWS property be included in the Rural Residential zone under Plan change 15A of the Palmerston North District Plan.
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