1 Raewyn Peart Policy Director Environmental Defence Society www.eds.org.nz
Coastal Environment Where the sea impacts on the land and the land impacts on the sea 2 www.eds.org.nz
Section 6 RMA matters of national importance The preservation of the natural character of the coastal environment (including the coastal marine area), wetlands, lakes and rivers and their margins, and the protection of them from inappropriate subdivision, use and development (s6(a)) The protection of outstanding natural features and landscapes from inappropriate subdivision, use and development (s6(b))
But what is inappropriate development? Dictionary definition (Concise Oxford) Inappropriate Not suitable or appropriate Appropriate suitable, proper Suitable right or appropriate for a particular person, purpose or situation
Is this inappropriate development?
Provides greater direction on implementing section 6 and other matters within the coastal environment
Coastal environment includes: Coastal marine area (MHWS to 12nm) Islands Where coastal processes, influences or qualities are significant Areas at risk from coastal hazards Coastal vegetation and habitat of indigenous coastal species Elements and features that contribute to natural character and landscape Cultural and historic heritage Policy 1: Extent and characteristics of the coastal environment
Landward extent of coastal environment needs to be identified in plans This is to provide clarity on where section 6(a) and NZCPS 2010 provisions apply 8 www.eds.org.nz
Requirements to protect natural character - Policy 13(1) Avoid adverse effects in areas with outstanding natural character Avoid significant adverse effects and A, R or M other adverse effects on natural character in other areas REQUIRES identification of at least areas of high natural character in plans (13(1)(d)) BUT WHAT IS NATURAL CHARACTER?
Human perception and values Attributes of natural character physical environment and perceptions NATURAL PROCESSES e.g. natural movement of sediments, water, air and living organisms NATURAL ELEMENTS e.g. landforms, water bodies and vegetation NATURAL PATTERNS e.g. components of landscapes and seascapes
Policy 13(2): Lists attributes of natural character Not the same as natural features and landscapes or amenity values. May include: Natural elements, processes and patterns Biophysical, ecological, geological and geomorphological aspects Natural landforms headlands, peninsulas, cliffs, dunes, wetlands, reefs, freshwater springs, surf breaks Natural movement of water and sediment Natural darkness of the night sky Places and areas that are wild or scenic From pristine to modified Experiential attributes including the sounds and smell of the sea; and their context or setting 11 www.eds.org.nz
What is high natural character? THIS NOT THIS
Also focus on restoration and rehabilitation of natural character Policy 14 13 www.eds.org.nz
Policy 15: Protecting coastal landscapes Avoid adverse effects on outstanding natural landscapes (ONLs) Avoid significant adverse effects and A,R or M other adverse effects on other natural coastal landscapes REQUIRES mapping or other identification of at least ONLs
Strategic Planning Policy 7 When preparing RPSs and plans, councils must: Consider where, how and when to provide for urban development and other activities in the coastal environment Identify areas where particular activities and forms of subdivision and development is inappropriate AND provide them with protection through objectives, policies and rules 15 www.eds.org.nz
Careful location and design in areas which are developed THIS NOT THIS
Roads and driveways can have more visual impact than houses 17 www.eds.org.nz
Addressing cumulative effects: Death by a thousand cuts One or two houses may be appropriate the natural character and landscape is still dominant... 18 www.eds.org.nz
Death by a thousand cuts! But as more are gradually constructed the built environment dominates 19 www.eds.org.nz
Policy 11: Coastal biodiversity Avoid adverse effects on: Threatened and rare species e.g. NZ fairy tern, dotterel, bottlenose dolphins Threatened or naturally rare indigenous ecosystems and vegetation types Nationally significant examples of indigenous community types Avoid significant adverse effects and A, R or M other adverse effects on other important habitats
Coastal hazards: Policies 24-25 Councils must identify areas potentially affected by coastal hazards (including Tsunami) over at least 100 years In these areas avoid increasing risk of harm from coastal hazards Avoid redevelopment that would increase risk of adverse effects from coastal hazards Discourage hard protection structures
Surf breaks policy 16 Protect surf breaks of national significance for surfing by ensuring that activities do not adversely affect surf breaks Makorori Point Centres; Wainui Stock Route, Pines, Whales; and The Island identified as a surf breaks of national significance in Gisborne District
Sedimentation policy 22 Requires that use or development not result in significant increase in sedimentation in the coastal marine area
Managing sedimentation Policy 22 Councils are required to: Control the impacts of vegetation removal on sedimentation including the impacts of harvesting plantation forestry Reduce sediment loadings in runoff and stormwater systems through controls on land use activities www.eds.org.nz 24
Slash on beaches? Not specifically addressed in NZCPS 25 www.eds.org.nz
Implementation of NZCPS National Policy Statements Give effect to Regional policy statements integrated management of regional resources Regional plans natural hazards, water, biodiversity etc. District plans control subdivision and land development Resource consents Have regard to Councils required to amend policies and plans to give effect to NZCPS as soon as practicable
NZCPS 20-10 Further information Updated and revamped EDS Guide to Coastal Development available later this year DoC currently working on guidance material some released on www.doc.govt.nz 27 www.eds.org.nz
Conclusion NZ Coastal Policy Statement 2010 provides stronger guidance to councils on what needs to be included in policies and plans When preparing submissions on proposed policies and plans or resource consents, refer to the relevant provisions in the NZCPS to support your case 28 www.eds.org.nz