Page 1 Ms Ferguson, evidence in chief, Appendix 4 Memorandum for Cashmere / Worsley's Spur Significant Landscape
Page 2 BEFORE THE CHRISTCHURCH REPLACEMENT DISTRICT PLAN INDEPENDENT HEARINGS PANEL In the matter of the Resource Management Act 1991 and the Canterbury Earthquake (Christchurch Replacement District Plan) Order 2014 And In the matter of the hearing regarding Stage 3 (Part) of Proposal 9 Natural and Cultural Heritage of the proposed Christchurch Replacement District Plan JOINT MEMORANDUM OF COUNSEL FOR CHRIST S COLLEGE & G AND J MCVICAR (#3677) AND THE CHRISTCHURCH CITY COUNCIL 28 October 2015 Duncan Cotterill Solicitor acting: Sarah Watson PO Box 5, Christchurch 8140 Phone +64 3 379 2430 Fax +64 3 379 7097 sarah.watson@duncancotterill.com
Page 3 May it please the Hearings Panel 1 This is a joint memorandum on behalf of Submitter 3677 Graeme and Joy McVicar and Christs College Canterbury (the Submitters) and the Christchurch City Council (the Council). No further submissions have been made on submission 3677. 2 The purpose of this memorandum is to record an agreement reached between the Submitters and the Council, and the reasons for this agreement. Background 3 The Submitters filed a Stage 3 submission in relation to land owned by the Submitters located in the Cashmere/Worsleys Spur area. This memorandum relates to part of the Submitters' land at 225 Worsleys Road (the Land), legally described as Part Lot 1 Deposited Plan 26505. The Land has been subject to significant legislative history, which has resulted in the rezoning of parts of the Land for residential development. 4 Under the Natural and Cultural Heritage Proposal (the Proposal) which was notified by the Council on 25 July 2015, part of the Land was included within the Significant Feature or Landscape Overlay (the Overlay). 5 The Submission seeks at paragraph 32 that the Significant Landscape Overlay SL11.2 be removed from the part of the Land zoned Residential Hills. 6 The Council s landscape architect and planner have reviewed the submission, and agree that this relief should be accepted as the Land is zoned Residential Hills in Stage 2 and the Environment Court rezoned it for residential development after hearing extensive evidence. 7 The rules in the Proposal (refer to Table 2 of Rule 9.2.3.3.1) provide that certain activities should not be subject to the rules of the Natural and Cultural Heritage overlays, if they are within the area identified as SL11.2 (Port Hills Worsley s Spur Residential Hills zone only). However, this does not go far enough as there are other rules, for example Rule 8.3.7.1, which requires landscape issues to be considered at the time of subdivision. 8 The rezoning of the Land occurred as part of a comprehensive proposal which involves a significant area of land being transferred to the Christchurch City Council as environmental compensation for the development of the Land. 5862212_1
9 There is agreement between the parties that it is appropriate for residential development to occur in this area, in return for the environmental compensation that was determined by the Environment Court 1. Shirley Ferguson Page 4 Decision sought from the Panel 10 Therefore, the Submitters and the Council request that when the Panel makes its decision on the Stage 3 Natural and Cultural Heritage proposal, Planning Map 50 be amended in accordance with Appendix 1 by removing the Overlay from that part of the Land shaded pink and marked "To be removed from SL listing". 11 The Submitters and the Council also agree that Table 2 at Rule 9.2.3.3.1 and the non-notification provisions at 9.2.3.3.2 should be amended to remove reference to SL11.2 (Port Hills Worsley s Spur Residential Hills zone only), as shown in Appendix 2. Consequential renumbering will also be required. Dated 28 October 2015 Sarah Watson/Jamie Robinson Solicitor for the Submitters Matt Conway/Melanie Jagusch Solicitor for the Christchurch City Council 1 P A Memon and Others v Christchurch City Council C116/2003 and Cracroft Residents Association Incorporated v Christchurch City Council C9/2009 5862212_1 3
Page 5 APPENDIX 1 5862212_1
Page 6 APPENDIX 2 9.2.3.3 Landscape Overlay Rules for Significant Features and Landscapes 9.2.3.3.1 Activity Status Table 1. The activities listed below in Table 2 have the activity status listed within each overlay area, and are subject to compliance with any standards specified elsewhere in the Plan for that activity. Table 2: Landscape Overlay Rules for Significant Features and Landscapes Activities SF SF SF SF SF SL SL SL SL 2.0 Ōtūkaikino 8.2 4.0 Styx 5.0 6.0 11.1 to Creek Ōtākaro Mill West Christchurch 11.6 / Avon Reserve Melton Coast / Te Port 3.0 Styx River River Dry Tai o Hills / (Central Plains / Mahaanui Pūharakekenui City) Ōkakea 7.0 Waikākāriki / Horseshoe Lake 11.2 Port Hills Worsley s Spur Residential Space Hills zone zones only only 1.0 1.0 Banks Banks Peninsula Peninsula Papakainga Open zones only 8.1 and 8.3 Ōtākaro / Avon River 10.0 Heathcote River / Ōpāwaho. Key: SF = Significant Feature, SL = Significant Landscape. P = Permitted; RD = Restricted Discretionary; D = Discretionary; NC = Non-complying. n/a = rule not applicable. a. Any building, D1 n/a D2 D3 D4 D5 n/a D6 n/a except as listed below. b. Residential D7 n/a D8 NC1 n/a D9 n/a D10 n/a unit, except as listed below. 5862212_1
Page 7 c. A residential unit (including additions) n/a n/a n/a RD1 (nonnotifiednotified) n/a RD2 (non- n/a RD3 (nonnotified) n/a within an identified building area. d A farm P1 n/a P2 P3 n/a P4 n/a P5 P6 building with a footprint 100m 2. e. A recreation facility or park management D11 n/a P8 P9 n/a P10 n/a n/a P11 facility building with a footprint 100m 2. f. An addition to P12 n/a P14 P15 P16 P17 n/a n/a P18 an existing building, where the ground floor area is 40m 2. g. New access track 3m in RD4 n/a RD5 (nonnotified) RD6 RD7 n/a n/a n/a n/a formed width. (non-notified) (non- (non- notified) notified) h. New access track 5m in formed width. n/a n/a n/a n/a n/a RD8 (nonnotifiednotified) RD9 (non- RD10 (nonnotified) RD11 (nonnotified) i. Construction D8 n/a D12 D13 D14 D15 D16 D17 D18 of a new road. j. Plantation NC2 n/a NC3 NC4 NC5 D19 D20 D21 D22 Forestry. k. Quarrying activity. NC6 n/a NC7 NC8 NC9 NC10 NC11 NC12 D23 9.2.3.3.2 Non-notification 1. Any resource consent application arising from 9.2.3.3.1 RD1, RD2, RD3, RD4, RD5, RD6, RD7, RD8, RD9, RD10, RD11 will not require written approvals and shall not be publically notified or limited notified. 5862212_1 6
Page 8 Ms Ferguson, evidence in chief, Appendix 5 Letter for Kennedy's Bush Outstanding Natural Landscape
Page 9 A PO Box 1435 Christchurch 8140 P 03 3322618 M 0275 332213 E info@astonconsultants.co.nz W www.astonconsultants.co.nz 27 th November 2015 Shirley Ferguson MWH New Zealand Ltd PO Box 649 Queenstown 649 Attn. Shirley Feguson By Email Only: Shirley.Ferguson@mwhgloba.com Dear Shirley, Re: CC Replacement DP - Rock Hill Ltd (ref: 3687) Further to your e-mail dated 25 th November which included a draft map of the proposed amendments to the ONL 38.3 overlay (Planning Map 50), I now write to confirm that we support the proposed changes as amended subject to the removal of the Outstanding Natural Landscape (ONL) from all of that part of our client s land (Rock Hill Ltd) with an existing residential zoning in both the Operative and Replacement District Plans (which you advise is the area coloured purple on your attached map) ie. that being that part of land legally described as Lot 1 DP 81967, Lot 29 DP 309463, Lot 32 DP 407754 and Lot 33 DP 407754 which is presently zoned LHA under the Operative City Plan and under agreement is to be rezoned Residential Hills Mixed Density Overly in the Replacement District Plan (see Sarah Oliver s Supplementary Evidence - http://www.chchplan.ihp.govt.nz/wp-content/uploads/2015/07/2123-ccc-residential- Stage-2-Supplementary-evidence-of-Ms-Sarah-Oliver-2-9-15.pdf) and as shown on the map overpage (coloured light brown and notated RH). Please note that we also support the proposed recommendation to change the status of the small isolated area of Rural Port Hills Zone in between our client s land (as shown orange on the attached map) from ONL to RAL (Rural Amenity Landscape), subject to this having the same status as the notified Replacement District Plan Significant Landscape Overlay. ALF-111393-3-146-V1:WJS Property Subdivision Industry Community Environment
Page 10 Fox Associates have produced an overlay map (Appendix A) which confirms that proposed amendments to the ONL 38.3 overlay accord with the light brown areas annotated above. Should you have any questions, please feel free to contact me directly. Yours sincerely FIONA ASTON Principal Appendix A: Overlay of ONL and Planning Map 50 ALF-111393-3-146-V1:WJS Aston Consultants Resource Management and Planning 2
Appendix A: Overlay of ONL and Planning Map 50 Shirley Ferguson Page 11
Shirley Ferguson Page 12