Landowners Coalition Incorporated. Whangarei District Council

IN THE ENVIRONMENT COURT ENV-2018-AKL- AT AUCKLAND IN THE MATTER of the Whangarei District Plan and the Resource Management Act 1991 (RMA) AND IN THE MATTER of an appeal under Clause 14(1) of Schedule 1 of the RMA AND IN THE MATTER of Plan Changes 85, 85 A D, 86A & B, 87, 102 and 114 to the Whangarei District Plan BETWEEN Landowners Coalition Incorporated Appellant AND Whangarei District Council Respondent NOTICE OF APPEAL Dated 26 February 2018

To: The Registrar Environment Court, Auckland We, the Landowners Coalition Incorporated, appeal against a decision (or part of a decision) of the Whangarei District Council (the Council) on Plan Changes 85, 85 A D, 86A & B, 87, 102 and 114 to the Whangarei District Plan. Landowners Coalition Incorporated made a submission to the plan changes. Landowners Coalition Incorporated is not a trade competitor for the purposes of section 308D of the RMA. Landowners Coalition Incorporated received notice of the decision on 17 January 2018. The decision was made by the Whangarei District Council. The decisions that Landowners Coalition Incorporated appeals follow. ADVICE NOTE How to become party to proceedings You may be a party to the appeal if you made a submission or a further submission on the matter of this appeal. To become a party to the appeal, you must, within 15 working days after the period for lodging a notice of appeal ends, lodge a notice of your wish to be a party to the proceedings (in form 33) with the Environment Court and serve copies of your notice on the relevant local authority and the appellant; and within 20 working days after the period for lodging a notice of appeal ends, serve copies of your notice on all other parties. Your right to be a party to the proceedings in the court may be limited by the trade competition provisions in section 274(1) and Part 11A of the Resource Management Act 1991. You may apply to the Environment Court under section 281 of the Resource Management Act 1991 for a waiver of the above timing or service requirements (see form 38). Advice If you have any questions about this notice, contact the Environment Court in Auckland, Wellington, or Christchurch.

The following documents are attached to this notice: (a) a copy of Landowners Coalition Incorporated submission (written). Attachment 1. (b) Notification of decision on plan change, and (c) a list of names and addresses of persons to be served with a copy of this notice. A copy of the Council decision as appealed has been provided within the text of this Notice of Appeal, followed by the relief sought. Reasons for the appeal We make the following general comments. The Hearings panel appear to have had little or insufficient regard to the submission and further submissions made by the Landowners Coalition Inc. We believe the subdivision rules are generally too restrictive in terms of their activity status and the average and minimum lot area rules, and have the effect of diminishing the potential environmental and community benefits that may arise from smaller lot sizes. Within the Rural Countryside area the environmental benefit lot rules are too restrictive and appear to be limited to the Rural Countryside environment only. It is our submission that it should apply to all rural environments. We believe too little regard has been given to the adverse economic benefits of the greater compliance costs that would be imposed upon landowners from the Plan as drafted. The emphasis of buildings on visual effect has been overstated by the panel. We do not believe there s empirical evidence to support their stance. Too little regard has been given to the "best use" of land, as evident by market forces. In particular we refer to the average lot size in the coastal area. With respect to Minor Residential Units we believe the Panel has failed to take into account trends in housing and extended family support. With respect to Home Occupations the Panel has failed to provide for changes in the workplace environment and proliferation of home based activities utilising online infrastructure.

We make the following specific comments by way of reference to the decision being appealed and the relief sought. PC114 Landscapes We agree with the renaming of the Rural Production zone to Rural Countryside. LAN 1.1 We agree with the changes to the text. LAN 1.2 Objectives We agree with the changes with the exception of, 2. Protect the characteristics and qualities of identified Outstanding Natural Features and Outstanding Natural Landscapes from inappropriate subdivision, use and development. We believe "inappropriate" needs to be better defined to add clarify and certainty. 6. Recognise that some Outstanding Natural Landscapes contain undeveloped Māori Land and make allowance for the special relationship of Māori to this ancestral land. Remove reference to Maori as non-maori may also have a special relationship to ancestral land. LAN 1.3 Policies We agree with the changes to the text with the exception of: "2. To protect Outstanding Natural Features and Outstanding Natural Landscapes from inappropriate subdivision, use and development, with particular regard to their individual characteristics and qualities." We believe "inappropriate" needs to be better defined to add clarify and certainty. We challenge the presumption that subdivision is bad for the environment. We believe the optimum lot size is considerably smaller than permitted in the District Plan. We believe there are many examples where subdivision has resulted in significant net benefit to the environmental as a result of human activity. "3. Outside of the Coastal Area, to avoid significant adverse effects and avoid, remedy or mitigate other adverse effects (including cumulative adverse effects) of subdivision, use and development on the characteristics and qualities of Outstanding Natural Features and Outstanding Natural Landscapes." Remove the reference to cumulative effects as these are subjective and unknown. "4. Subdivision, use and development in or on an Outstanding Natural Landscape shall be located and designed to avoid adverse effects on characteristics and qualities of the landscape and/or visual effects by: a. Being integrated with identified characteristics and qualities of Outstanding Natural Landscapes; b. Avoiding sensitive landforms such as ridges, spurs, headlands, knolls and peaks; c. Being responsive to natural contours; d. Being visually unobtrusive; e. Maintaining established areas and patterns of indigenous vegetation cover; and f. Avoiding permanent earthworks scarring." In our view ridges, spurs, knolls and peaks are not sensitive land forms. Natural colours is vague - every imaginable colour appears in nature. The policy takes no account of revegetation which is the critical issue. We believe a landowner are the most affected party are best able to make these judgments. "5. To assess the scale and significance of adverse effects of subdivision, use and development on the characteristics and qualities of Outstanding Natural Features and Outstanding Natural Landscapes by having particular regard to: i. The extent of the resource area affected; ii. The sensitivity of resource to change; iii. The degree of modification, damage, loss or destruction that will result from the activity; iv. The duration and frequency of adverse effects; v. Whether adverse effects are reversible or irreversible; v.vi. Whether adverse

effects are transitory; and vi.vii. The potential for spatial or temporal cumulative adverse effects of the proposed activity on its own or in combination with other authorised activities, including permitted activities." "Potential for spatial or temporal cumulative adverse" should be removed. "Transitory effect" needs to be better defined. In the long-run, everything is transitory. "7. With respect to coastal hazard management within the Coastal Area, avoid the use of hard protection structures. Such as seawalls, and rock armouring, ailing with other visible artificial elements, where these would adversely affect the characteristics qualities of the Outstanding Natural Features and Outstanding Natural Landscapes, except where such structures are the only practical mans to protect significant existing development of infrastructure." Remove. Hard protection structures are the only practical form of protection. Clause is inconsistent with CA.1.2 Objectives. "8. Buildings and structures, excluding land zoned Living and Rural Village Residential Environment, and regionally significant infrastructure, in Outstanding Natural Landscapes shall be located and designed so that they: a. Are inconspicuous when viewed from public land; b. Avoid locating upon, or intruding above, ridgelines, spurs, knolls and peaks where this results in adverse visual effects which cannot be remedied or mitigated; c. Are visually recessive and blend with the surrounding vegetation and natural topography d. Use recessive colours and materials with low light reflectivity; e. Minimise artificial light spill." We believe the rights and values of an individual property are of greater regard than the assumed values of the public (as represented by planning staff). We believe when viewed from public land should be of minor regard only. "9. To provide for buildings and structures on land zoned Living and Rural Village Residential Environment within an identified Outstanding Natural Landscape where any building or structures located and designed to a. Avoid locating upon, or intruding above, ridgelines, spurs, knolls and peaks where this results in adverse visual effects which cannot be remedied or mitigated. b. Blend, as far as practicable, with the surrounding vegetation and natural topography accepting that there may be existing built development that affects or precludes this. c. Use recessive colours and materials with low light reflectivity; and d. Minimise artificial light spill." We believe the rights and values of an individual property are of greater regard than the assumed values of the public (as represented by planning staff). We believe when viewed from public land should be of minor regard only. "10. To provide for adverse effects arising from the establishment and operation of regionally significant infrastructure and community facilities in or on Outstanding Natural Features or Outstanding Natural Landscapes where: a. It is demonstrated that there is no practical alternative location; b. Regard has been had to Policies LAN.1.3.3-5 and taking into account the policies in Section 23 Network Utilities Operations c. Measures are in place to avoid adverse effects and adverse effects that cannot be avoided are remedied or mitigated to the extent that they are no more than minor. For the purposes of this policy:, Regionally significant infrastructure means those structures and facilities listed within Appendix 3 Regional Significant Infrastructure of the RPS for Northland; and community facilities include district parks, reserves and network infrastructure including roading." It is unacceptable that the Council itself should exempt itself from these effects. Landowners too should be able to "provide for adverse effects " where "It is demonstrated that there is no practical alternative location;" "12. To avoid, the adverse effects of earthworks, including accessway and building platform creation, on the characteristics and qualities of the Outstanding Natural Features and Outstanding Natural Landscapes by: a. Careful analysis of existing site conditions; b. Consideration of alternative options and approaches; and c. Applying measures to blend areas altered by earthworks with the existing site conditions. Relevant site conditions include site elevation, slope and orientation drainage patterns, together with soil and slope stability." Replace "avoid" with mitigate. "14. To protect areas of indigenous vegetation which contribute to the slope or soil stability of Outstanding Natural Features or the character and visual quality of Outstanding Natural Landscapes." Exclude land rehabilitated by a private landowner, done at their own cost and initiative.

"17. To recognise that identified Outstanding Natural Features and Outstanding Natural Landscapes may contain existing and/or authorised subdivision, use and development, including infrastructure and rural production activities." Expressly permit existing use rights, including the replanting of plantation forestry and other land based activities. We disagree with the underlying presumption throughout the proposed plan that forestry has a negative impact that requires control. The approach is in conflict with central government initiatives to promote new planting. "18. To provide for the maintenance and minor upgrading of existing authorised landuse and development in or on Outstanding Natural Features or Outstanding Natural Landscapes, wherever it is located, where: a. The adverse effects generated during the period the maintenance or minor upgrading is being undertaken are not significant; and b. The adverse effects of the landuse and development after the conclusion of the maintenance or minor upgrading are the same or similar to those that existed before the activity was undertaken." The exercise of existing use rights should not be limited. Those rights should be the same as those that exist currently. "19. To recognise that Outstanding Natural Landscapes may contain undeveloped ancestral Māori land and provide for tangata whenua needs for papakāinga development on that land as far as is consistent with the overall protection of Outstanding Natural Landscapes." Remove as non-maori may also have a special relationship to ancestral land. LAN.2.3 Landscape Evaluation Requirement "1. A site or property-specific landscape evaluation, prepared by a suitably qualified and experienced person, shall be submitted with all consent applications for subdivision, use or development within an Outstanding Natural Landscape. The landscape evaluation shall Address the requirements of the policies within this section;.a..b. Document how potential adverse effects on the are to be avoided on the characteristics and qualities of the Outstanding Natural Landscape; c. Clearly identify where the avoidance of adverse effects is not considered practicable and record the nature and scale of those effects; and d. Demonstrate how unavoidable adverse effects will be remedied or mitigated. e. Demonstrate any ways in which the proposal may conserve or heighten the characteristics and qualities of the Outstanding Natural Landscape through a comprehensive approach to landscape analysis and project design." This should only be a requirement where a development proposal is of a more than minor scale, i.e. of extraordinary scale. LAN.3.1.2Buildings and Structures 1. Construction of non-habitable buildings ancillary to rural production or network utility activities within an Outstanding Natural Landscape within the Coastal Area is permitted provided that: a. Does not exceed a height of 5.5m; and b. The gross floor area of any new building or buildings does not exceed 50m2; and c. The highest point of the building does not project above the nearest ridgeline, knoll or peak when viewed from a public road, public reserve, and/or the coastal marine area within 2km of the site; and d. The exterior facades(excluding joinery) are coloured or painted with a colour with a reflectance value no greaterthan35%and with a roof colour with a reflectance value no greater than 30% as defined within the BS5252 standard colour palette." We believe these thresholds are either unnecessary or overly restrictive. "2. Construction of non-habitable buildings ancillary to rural production or network utility activities within an Outstanding Natural Landscape outside the Coastal Area is permitted where: a. Does not exceed a height of 5.5m; and b. The gross floor area of any new building or buildings does not exceed 100m2; and c. The highest point of the building does not project above the nearest ridgeline, knoll or peak when viewed from a public road, public reserve, and/or the coastal marine area within 2km of the site; and d. The exterior facades (excluding joinery) are coloured or painted with a colour with a reflectance value no greater than 35%and with a roof colour with a reflectance value no greater than30% as defined within the BS5252 standard colour palette." We believe these thresholds are either unnecessary or overly restrictive.

"3. External alteration or extension to an existing building, including a Residential Unit, within an Outstanding Natural Landscape is permitted provided that: a. The alteration or extension does not exceed 50m2 in area or does not exceed 20% of the gross floor area of the existing building which is being altered or added to, whichever is the lesser; and b. The alteration or extension does not exceed the height of the existing building, and. c. The highest point of the building does not project above the nearest ridge line, knoll or peak when viewed from a public road, public reserve, and /or the coastal marine area within 2km of the site; and d. The exterior facades (excluding joinery) coloured or painted with a colour with a reflective value no greater than 35% and with a roof colour with a reflective value no greater than 30% as defined within the BS5252 standard colour palette." We believe these thresholds are either unnecessary or overly restrictive and may create punitive unintended consequences. For example, the existing building height may be below what would be permitted if a new dwelling were to be constructed and an entire building may need to be repainted even in the case of a minor alteration. 50m2 should be changed to 100m2, 20% should be changed to 40%, and "whichever is the lesser" should be changed to "whichever is the greater". Sections b, c and d should be deleted. LAN.3.1.4 Indigenous Vegetation Clearance "1. Indigenous vegetation clearance within an Outstanding Natural Landscape is permitted if it is: a. Of less than or equal to 150m2 of contiguous indigenous vegetation in any 12 month period within a site; and b. Directly associated with: i. Removal or pruning of trees, live or dead, that are a demonstrable danger to human life or structures; or ii. Routine maintenance and repair within 3m of existing buildings and structures (including network utilities), tracks, lawns, gardens, fences, drains and other lawfully established activities; or iii. Forestry operations and the vegetation or tree comprises the understorey directly beneath exotic or native plantation forest canopy; or iv. Vegetation removal for customary rights; or v. Conservation planting, including planting for ecological restoration purposes. vi. Temporary military training activity." Delete "that are a demonstrable danger to human life or structures". "Within 3m of existing buildings" should be changed to 20 metre of residential buildings. LAN.3.2 Controlled Activities "1. Earthworks or indigenous vegetation clearance within an Outstanding Natural Landscape, either within or outside of the Coastal Area, necessary to create a defined building platform: a. Identified through a professional landscape assessment; and b. Approved as part of a subdivision consent." Clearing an area to create a platform for the building a residential structure should be a permitted activity. "2. Construction, or an extension to a residential unit within an Outstanding Natural Landscape, either within or outside of the Coastal Area, on a defined building platform where it had been: a. Identified through a professional landscape assessment; and b. Approved as part of a subdivision consent." The building a residential structure should be a permitted activity. To deny this is to create uncertainty that is unreasonable and costs that is unfair. "3. Control is reserved over: a. The appropriateness of the landscape assessment in relation to the identified characteristics and qualities of the Outstanding Natural Landscape. b. The visual prominence of the proposed building, and associated accessway(s), with reference to building height, materials, and exterior reflectivity. c. The suitability of the defined platform for the proposed building. d. Effects of platform access and onsite infrastructure arrangements. e. Any mitigation measures proposed." It is our submission that these controls are unnecessary, and in particular b. should be deleted. LAN.3.3 Restricted Discretionary Activities "1. Construction of a residential unit within an Outstanding Natural Landscape either within or outside of the Coastal Area where the activity does not comply with Rule 3.3.2; and a. The underlying zoning is Living or Rural Village Residential Environment; or b. The entire property title is included within the Outstanding Natural Landscape and does not include an existing dwelling. 2. Discretion is restricted to: a. The visual dominance of the proposed building and associated access ways(s) and infrastructure with reference to building height, materials and exterior reflectivity. b. Any effects of a ridgeline, knoll or peak when viewed from a public road, public reserve, and/or the coastal marine area within 2km of the site. c. The suitability of the defined platform for the proposed building in terms of mitigating the dominance of the proposed building and associated accessway(s) and infrastructure. d. Any mitigation measures proposed including landscape treatment and screening." The building a

residential structure should be a permitted activity. To deny this is to create uncertainty that is unreasonable and costs that is unfair. "3. Papakāinga development on ancestral Māori land within an Outstanding Natural Landscape outside of the Coastal Area. 4. Discretion is restricted to: a. The proposed siting of the activity in relation to ridgelines or other important natural landscape elements. b. The proposed location and design of the papakāinga development with respect to the concepts of tikanga Māori and kaitiakitanga. c. The proposed location and design of buildings, structures, vehicle access, maneuvering and parking spaces. d. The extent of visible change to the Outstanding Natural Landscape which may result from the proposed activity. e. The potential for more than minor adverse effects on the Outstanding Natural Landscape. f. Any remediation or mitigation measures proposed to address adverse visual effects." It is our submission that the effects of Papakāinga development should assessed and treated in the same manner as other development. LAN.3.4 Discretionary Activities "1. Within an Outstanding Natural Landscape outside the Coastal Area: a. Any activity that does not meet the permitted activity standards in Rules 3.1.2 (Buildings and Structures), 3.1.3 (Earthworks) or 3.1.4 (Indigenous Vegetation Clearance). b. Construction of a Residential Unit within an Outstanding Natural Landscape where the activity does not comply with Rule 3.2.2. c. The establishment of new production forestry. c.d. Mineral extraction activities and farm quarry activities." Our submission is that every landowner should be permitted to build a dwelling, and where restrictions are placed, they should only relate to significant effects set at a high threshold. Any activity that does not meet the standards in Rules 3.1.2, 3.1.3 and 3.1.4 should be restricted discretionary. "2. Papakāinga development on ancestral Māori land within an Outstanding Natural Landscape within the Coastal Area." Include non-maori ancestral land, or apply same standard as non-maori land. "3. External alteration or extension to an existing building, including a residential unit, within an Outstanding Natural Landscape within the Coastal Area that does not meet the permitted activity standards in Rule 3.1.2(3)." Delete. There should be no restriction on alterations or extension of an existing building. LAN.3.5 Non-Complying Activities "1. The following activities are non-complying activities within an Outstanding Natural Landscape within the Coastal Area: a. Any activity that does not meet the permitted activity standards in Rules 3.1.2 (Buildings and Structures), 3.1.3 (Earthworks) or 3.1.4 (Indigenous Vegetation Clearance). b. Construction of a Residential Unit within an Outstanding Natural Landscape within the Coastal Area which does not comply with Rule 3.4.2.s relating to the construction of or external alterations or extensions to and existing building. c. The establishment of new production forestry." Our submission is that every landowner should be permitted to build a dwelling, and where restrictions are placed, they should only relate to significant effects set at a high threshold. We believe c is unnecessarily restrictive and has serious economic and social consequences; replanting of production forestry should be a permitted activity. LAN.3.6 Assessment Criteria "1. Relevant criteria set out in LAN.7 Assessment Criteria shall apply to the consideration of all resource consent applications for land use and development activities within Outstanding Natural Landscapes." We believe the assessment criteria is overly subjective and esoteric and should be amended accordingly. LAN.4.1Discretionary Activities "1. Subdivision where a proposed boundary is within an Outstanding Natural Landscape outside of the Coastal Area is a discretionary activity." Our submission that a level of subdivision should, subject to certain criteria, should be permitted. We believe this would create positive environmental benefits.

LAN.4.2Non-complyingActivities "1. Subdivision where a proposed boundary is within an Outstanding Natural Landscape within the Coastal Area is a non-complying activity." We strongly object to this restriction. It fails to recognise the positive benefits that arise from lifestyle subdivision and would in effect lock-up significant tracts of land area that would in effect be a burden on existing owners and deny others the opportunity to reside on the land. I in effect is creating "reservations" of land affordable only to the wealthy. LAN.4.4Assessment Criteria "1. Relevant criteria set out in LAN.7 Assessment Criteria shall apply to the consideration of all resource consent applications for subdivision activity within Outstanding Natural Landscapes." We believe the assessment criteria is overly subjective and esoteric and should be amended accordingly. LAN.5 Table 1.Activity Table for Outstanding Natural Features outside the Coastal Area That Table 1 be amended as follows: Activity Large landforms A1 Large landforms A Volcanic cones B Smaller, more fragile landforms D Exposures of geological material E Caves F Landuse and Development New buildings and structures incl. network utilities up to 5.5m in height P P RD NC RD NC RD D 5.5m up to 8m in P RD P D RD NC RD NC RD D height - non-habitable buildings 5.5m up to 8m in RD P RD P D RD NC RD NC RD D height - Residential dwellings Greater than 8m in RD P RD P D RD NC RD NC RD D height Artificial crop P protection structures complying with RCE 2.3.10 and using green or black cloth on external vertical faces. Minor upgrading of network utilities and buildings and structures associated with public parks, reserves and community infrastructure. P P P RD RD RD Buildings associated P P P RD P RD P RD P with temporary military training activity Fencing for ONF P P P P P P protection Other fencing P P P D P D P P Stock grazing P P P P P P Forestry harvesting and replanting P P P Pr P Pr P P

New forestry planting RD P P D P Pr RD Pr RD RD Earthworks* General earthworks not expressly either permitted or requiring resource consent in this table. Up to 50m3 P P RD P NC P NC D 50m3up to 150m3 P P RD P NC P Pr RD NC 500m3 150m3 up to 1000m3 P P RD P NC Pr NC RD greater than 500m3 D D D NC Pr RD NC RD Maintenance and P P P P P P repair of network utilities, roading, tracks, driveways, car parking areas, parks, reserves and community infrastructure Land preparation P P RD P Pr RD Pr RD D New public walking P D P D P NC P Pr RD D and cycling tracks New farm and forestry roading and tracking P D P D P NC P Pr RD Pr D Farm and forestry Pr D Pr D Pr D Pr D Pr D Pr D mineral extraction (quarrying) Other mineral Pr D Pr D Pr D Pr D Pr D Pr D extraction Indigenous Vegetation Clearance up to 500m2 P P RD P - - P greater than 500m2 D P D P D P - - D P = permitted RD = restricted discretionary Pr = prohibited- = not applicable D = discretionary NC = non-complying and all amendments that arise from the recommended changes. LAN.5 Table 2. Activity Table for Outstanding Natural Features within the Coastal Area That Table 2 be amended as follows: Activity Large landforms A Dynamic landforms and features B Smaller, more fragile landforms D Exposures of geological material E Landuse and Development New buildings and NC RD NC RD NC RD NC RD NC structures incl. network utilities Minor upgrading of RD P RD P RD P RD P RD network utilities and buildings and structures associated with public parks, reserves and community infrastructure. Buildings P P D P D P P Caves F

associated with temporary military training activity Fencing for ONF P P P P P protection Other fencing P RD P D P D P P Stock grazing D P D P P P - Forestry harvesting - NC RD - - - and replanting New forestry Pr RD NC RD Pr RD - - planting Earthworks General earthworks not expressly either permitted or requiring resource consent in this table. UP TO 150M3 P P P P P 150M3 to 500m3 NC RD NC RD NC RD NC RD NC RD 150m3 greater than NC D NC D NC D Pr D NC D 500m3 150m3 Maintenance and repair of network utilities, roading, tracks, driveways, car parking areas, parks, reserves and community infrastructure. P P P P - Land preparation P NC P Pr RD Pr RD - New public walking P P D RD NC RD - and cycling tracks New farm and forestry roading and tracking D P NC P NC P Pr RD - Farm Quarrying Pr RD Pr RD Pr RD Pr RD Pr RD Other mineral Pr D Pr D Pr D Pr D Pr D extraction Indigenous Vegetation Clearance up to 500M2 D P NC RD 250m2 greater than 500M2 250m2 NC RD NC RD - - - P = permitted RD = restricted discretionary Pr = prohibited- = not applicable D = discretionary NC = noncomplying and all amendments that arise from the recommended changes.

LAN.5.3 Restricted Discretionary Activities: Matters of Discretion "1. Discretion will be restricted to the matters below for the activities listed as restricted discretionary in LAN 5 Table 1: a. The nature, form and extent of proposed works. b. The degree of existing geological modification. c. The need or purpose of the proposed building or structure. d. Alternative methods and locations for the proposed activity. e. The potential for erosion or other adverse effect on the Outstanding Natural Feature." Delete a, c and d. These are matters for landowner discretion. LAN.5.4Assessment Criteria "1. Relevant criteria set out in LAN.7 Assessment Criteria shall apply to the consideration of all resource consent applications for land use and development activities within Outstanding Natural Features." We oppose the use of the criteria which we consider to be vague and esoteric. LAN.6.1Discretionary Activities "1. Subdivision where a proposed boundary is within an Outstanding Natural Feature outside of the Coastal Area is a discretionary activity." Change to restricted discretionary activity. The discretionary activity status creates significant uncertainty about the use of an individual's property, and limits the availability of land use for its best purpose. LAN.6.2Non-complying Activities "1. Subdivision where a proposed boundary is within an Outstanding Natural Feature within the Coastal Area is a non-complying activity." Change to restricted discretionary activity. The non-complying activity status creates significant uncertainty about the use of an individual's property, and limits the availability of land use for its best purpose. LAN.6.3Assessment Criteria "1. Relevant criteria set out in LAN.7 Assessment Criteria shall apply to the consideration of all resource consent applications for subdivision activity within Outstanding Natural Features." We oppose the use of the criteria which we consider to be vague and esoteric. LAN.7.1 Assessment Criteria "b. The extent to which the proposal is consistent with the Council adopted Guidelines for Managing Change in Outstanding Natural Landscapes 2016 or any subsequent replacement version." Delete as this is not a notified document. "c. The elements which make up the distinctive character and qualities of the feature or landscape as recorded in Schedule LAN.8 (Outstanding Natural Features) or applicable worksheet from Northland Regional Landscape Assessment Worksheets (for Whangarei District) February 2014 (Outstanding Natural Landscapes)." We disagree with the criteria. "e. The siting of the activity in relation to ridgelines or other important natural landscape elements." and "f. The design of any building, structure, utility or any development." and " g. The location and design of vehicle access, maneuvering and parking spaces." Delete. These are matters for the landowner's discretion. "h. The extent of visible change to the Outstanding Natural Landscape which may result from an activity." and " i. The potential for more than minor adverse effects on the Outstanding Natural Landscape." Agree, but only where potential effects are significant instead of more than minor.

"2. Where excavation and / or filling is proposed within an Outstanding Natural Feature or Outstanding Natural Landscape, the following specific criteria will also be considered: a. The location, scale and alignment of excavation and/or filling in relation to any existing indigenous vegetation, site features, and underlying landform including ridgelines;" These are matters for the landowner's discretion. "3. For the extension or alteration of exiting lawfully established hard coastal protection structures and for new hard coastal protection structures within an Outstanding Natural Feature or Outstanding Natural Landscape a. Any relevant coastal hazard management strategy, plan or assessment relating to the area where hard protection structures are proposed, including the ability to relocate buildings, structures, infrastructure or land uses which the structure is designed to protect; and b. The ability to use retain or enhance natural defences in place of hard protection structures." The extension or alteration of an existing coastal protection structure should be a permitted activity. MIN.1.3 Policies "8. Within the Coastal Area avoid adverse effects, other than those which are transitory, from mineral extraction activities on the characteristics and qualities of Outstanding Natural Features, Outstanding Natural Landscapes and in areas of Outstanding Natural Character." and " 9. To avoid significant adverse effects, other than those which are transitory, from mineral extraction activities on the characteristics and qualities of High Natural Character Areas, and on the characteristics and qualities of Outstanding Natural Features and, Outstanding Natural Landscapes which are outside the Coastal Area." Replace "avoid" with "mitigate". MIN.2.4 Prohibited Activities "1. Mineral extraction activities in the Rural Village Environment (RVE) and Rural Urban Expansion Environment (RUEE)". This is overly restrictive. Change status to discretionary. PC87 CA.1.1 Description and Expectations "Due to pressure for residential development it is important that the coastal environment is managed to ensure that its use and development does not exceed the capacity of the environment to absorb any adverse effects, and that the amenity, landscape, ecological, historic heritage and natural character values that make it special are not compromised. This includes requirements to avoid effects on outstanding natural character areas." Replace "avoid" with "manage". "The preservation of the natural character of the coastal environment is a matter of national importance under Section 6(a) of the Resource Management Act 1991 (RMA). The RMA, the New Zealand Coastal Policy Statement and the Regional Policy Statement direct Council to preserve and protect " Delete "preserve and". "It is however expected that most development in the coastal environment should be consolidated around existing coastal villages. " Delete sentence. CA.1.2 Objectives "2. Avoid adverse effects on the characteristics and qualities of identified Outstanding Natural Character Areas." Replace "Avoid" with "Manage".

"3. Avoid significant adverse effects, and avoid remedy or mitigate other adverse effects on the natural character of the Coastal Area including identified High Natural Character Areas." Replace "Avoid" with "Manage". "5. Direct development to established coastal villages and areas with existing development while retaining the special values of undeveloped parts of the coast." Delete. CA.1.3 Policies "1. To avoid adverse effects on the qualities and characteristics of areas identified as Outstanding Natural Character Areas and to avoid significant effects on other parts of the Coastal Area, by either development in these areas ensuring that the natural character values are maintained, including by the location and design of buildings, earthworks, and the extent of indigenous vegetation clearance." Replace "avoid" with "manage". "2. To protect natural landforms in the Coastal Area by avoiding adverse effects on the qualities and characteristics of Outstanding Natural Character Areas and to avoid significant adverse effects on other parts of the Coastal Area in terms of locating buildings, building platforms and structures on ridgelines, skylines, shorelines and prominent headlands." Replace "avoiding" with "managing". "3. To design development to avoid, remedy or mitigate adverse effects on the natural character of the Coastal Area outside or areas of Outstanding Natural Character Areas, by managing the visual effects of buildings, and minimising indigenous vegetation clearance, and earthworks." Remove reference to visual effects. Replace " minimising indigenous vegetation clearance" with " managing indigenous vegetation clearance". "4. To provide for low density residential development in the Coastal Area by identifying areas outside High and Outstanding Natural Character Areas appropriate for carefully designed development." Delete " outside High and Outstanding Natural Character Areas " as inclusion necessarily excludes those areas. "5. To manage the visual impacts of residential buildings in the Coastal Area outside coastal villages by limiting building height and ensuring exterior colour schemes are of low reflectivity value." Delete. Visual effect has not been demonstrated to be more than minor. "7. To consolidate residential development in areas where landscape values and natural character have already been significantly modified." Modified needs to be defined. "8. To use natural features and contours to define boundary lines and to guide fencing, planting and access ways." Delete. The effects of fencing, planting and access ways has not been demonstrated to be more than minor. "13. To ensure that adverse visual effects of earthworks scarps on Outstanding Natural Character Areas are avoided and that the significant adverse visual effects on High Natural Character Areas and coastal landscapes are avoided, remedied or mitigated by encouraging revegetation of earthworks scarps." Change to "13. To ensure that permanent adverse visual effects of earthworks scarps on Outstanding Natural Character Areas are avoided and that significant adverse visual effects on High Natural Character Areas and coastal landscapes are avoided, remedied or mitigated by encouraging revegetation of earthworks scarps." "20. To enable the continuation of rural production activities in the Coastal Area by allowing the construction of non habitable buildings ancillary to rural production activities subject to standards being applied on building scale and reflectivity." Remove reference to reflectivity. "21. To recognise that the Coastal Area may contain undeveloped ancestral Māori land and provide for tangata whenua needs for papakāinga development on that land as far as is consistent with the overall protection of the natural character of the Coastal Area." Change to "21. To recognise that the Coastal Area may contain

undeveloped ancestral Māori land and provide for tangata whenua needs for papakāinga development on that land, and undeveloped legacy land for non-maori, as far as is consistent with the overall protection of the natural character of the Coastal Area." CA.2.2 Permitted Activities "1. Maintenance and minor upgrading of buildings and structures including those associated with public parks and reserves, network utilities, or community infrastructure is a permitted activity." Delete "minor". Reinstate as 3. "Construction of non habitable buildings ancillary to rural production or network utility activities outside a High or Outstanding Natural Character Area is a permitted activity." "2. Any other activity not requiring consent as a discretionary or non-complying activity is a permitted activity." Amend to permit the construction of a new residential building and the renovation of an existing dwelling. We believe the permitted activities are too restrictive and creates uncertainly and needless cost for land owners. CA.2.3 Discretionary Activities "1. Construction or external alteration of a building within both the Coastal Area and the Rural Countryside Environment but outside a High or Outstanding Natural Character Area: a. That exceeds a height of 8.5m, and/or b. With exterior facades (excluding joinery) coloured or painted with a colour with a light reflectance value greater than 35%, and/or c. With a roof colour with a light reflectance value greater than 30%." Delete. Construction of the first residence or alternation of an existing residence should be a permitted. Construction of a building accessory to a land based activity should be a permitted. "2. Earthworks within the Coastal Area but outside a Business 4 environment or a Strategic Rural Industry Environment, where: a. The maximum volume of material disturbed or removed exceeds 500m3 over the life of the District Plan, or b. The maximum face height of any cut and/or batter faces exceeds 2m." Delete " over the life of the District Plan" and replace with " in any 12 month period". 4. The destruction or clearance of an area of predominantly indigenous vegetation in the Coastal Area exceeding 500m2per site over the life of the District Plan unless the of vegetation clearance is associated with: a. Routine maintenance within 3m of existing buildings, or b. Maintenance and repair of existing tracks, lawns, gardens, fences, and drains, or c. Pest plant removal and biosecurity works, or d. Vegetation removal for customary rights, or e. Conservation planting, including planting for ecological restoration purposes., or f. Routine maintenance for the safe operation of the transport network." Delete " over the life of the District Plan" and replace with " in any 12 month period" and delete d. "5. Farm quarry within the Coastal Area which: a. Disturb or move more than 500m3of material in any 12 month period; or b. Have any cut and/or batter faces which exceeds 2m; or c. Involve blasting; or d. Where excavations and processing are undertaken within 200m of a road boundary; or existing residential unit." Change 500m3 to 5000m3, change 2m to 5m. CA.3.1 Discretionary Activities "1. Construction or external alteration of a building within a High Natural Character Area: a. That exceeds a height of 5.5m, and/or b. With exterior facades (excluding joinery) coloured or painted with a colour with a light

reflectance value greater than 35%, and/or c. With a roof colour with a light reflectance value greater than 30%, and/or d. That exceeds 50m2gross floor area in the Rural Countryside Environment." Change 5.5m to 6.5m for the construction of a new building and where an existing building, the higher of 6.5m or the height of the existing building. Remove reference to reflective materials. Change 50m2 to 500m2. "2. Earthworks within a High Natural Character Area where: a. The maximum volume of material disturbed or removed exceeds 250m3over the life of District Plan, and". Delete " over the life of the District Plan" and replace with " in any 12 month period" and change 250m3 to 1000m3. "3. The destruction or clearance of an area of predominantly indigenous vegetation within a High Natural Character Area exceeding 250m2over the life of the District Plan within a High Natural Character Area; with the exception of vegetation clearance associated with:" Replace 250m2 with 1000m2 and delete " over the life of the District Plan" and replace with " in any 12 month period". "4. Papakāinga development on ancestral Māori land within a High Natural Character Area." Change to "4. Papakāinga development on ancestral Māori land and legacy land on non-maori land within a High Natural Character Area." "5. Farm quarry within the High Natural Character Area which: a. Disturb or move more than 250m3 of material; or b. Have any cut and/or batter faces which exceeds 2m c. Involve blasting; or d. Where excavations and processing are undertaken within 200m of a road boundary; or existing residential unit." Change 250m3 to 5000m3, change 2m to 5m. CA.4.1 Discretionary Activities "1. External alterations or extensions greater than 50m2 gross floor area of an existing building within an Outstanding Natural Character Area." Change 50m2 to 500m2. "2. Papakāinga development on ancestral Māori land within an Outstanding Natural Character Area." Change to "Papakāinga development on ancestral Māori land and legacy land on non-maori land within an Outstanding Natural Character Area." "3. Earthworks within an Outstanding Natural Character Area with a volume of up to 150m3 to provide for a building platform or access." Change 150m3 to 500m3. "4. Indigenous vegetation clearance, unless it is for the repair and maintenance of existing buildings and structures, tracks, fences, and other lawfully established activities." Clarity required. CA.4.2 Non-Complying Activities "1. Construction of a building within an Outstanding Natural Character Area a. That exceeds a height of 5.5m, and/or b. With exterior facades (excluding joinery) coloured or painted with a colour with a light reflectance value greater than 35%, and/or c. With a roof colour with a light reflectance value greater than 30%., and/or d. That exceeds 25m2 gross floor area." Change 5.5m to 6.5m, remove b and c, and change 25m2 to 500m2. "2. Earthworks within an Outstanding Natural Character Area with a volume greater than 150m3over the life of the District Plan unless the work is directly associated with: a. The repair and maintenance of fences, utility connections, driveways, parking areas, effluent disposal systems, swimming pools, or farm and forestry tracks, or" Replace 150m3 with 500m3 and delete " over the life of the District Plan" and replace with " in any 12 month period".

"3. The clearance of more than 150m2 of contiguous indigenous vegetation within an Outstanding Natural Character Area over the life of the District Plan." Replace 150m3 with 500m3 and delete " over the life of the District Plan" and replace with " in any 12 month period". "4. Farm quarry within the Outstanding Natural character Area which: a. Disturb or move more than 150m3 or material; or b. Have any cut and/or battle faces which exceeds 2m". Change 150m3 to 5000m3, change 2m to 5m. CA.5.1 Eligibility Rules 1. Subdivision where a proposed boundary is within a High Natural Character Area is a discretionary activity. 2. Subdivision where a proposed boundary is with an Outstanding Natural Character Area is a non-complying activity. " Change to "1. More than minor subdivision where a proposed boundary is within a High Natural Character Area is a discretionary activity. 2. More than minor subdivision where a proposed boundary is with an Outstanding Natural Character Area is a non-complying activity. " RA.1 Paragraph, "This approach; the consolidation of development particularly residential and commercial, is consistent with the direction of the Whangarei District Growth Strategy Sustainable Futures 30/50 2009 ( Whangarei District Growth Strategy )." Delete. Whangarei District Growth Strategy Sustainable Futures 30/50 2009 was not subject to robust public consultation with landowners and does not represent community view on future growth. RA.1.2 Rural Area Objectives "6. Avoid adverse effects on the viability of the productive functions of rural land in the Rural Area resulting from ad hoc or scattered residential, rural residential and rural living subdivision and development." Replace "avoid" with "manage". Reinstate as 13, "Provide for a range of appropriate land uses in the Rural Area, including residential, rural residential, rural lifestyle, commercial, industrial and rural production in appropriate areas." RA.1.3 Rural Area Policies "4. d. Are not identified as an Outstanding Natural Landscape or Feature, Significant Indigenous Vegetation or Habitat, or an Outstanding Natural Character Area." Delete. e. Do not gain direct access from an unsealed through road with significant volumes of traffic." Delete. "f. Are located within close proximity to community facilities." Delete. "6 d. Do not comprise high Land Use Capability Class soils, Outstanding Natural Landscapes or Features, High or Outstanding Natural Character or significant indigenous vegetation." Delete. "7. e. Do not comprise Outstanding Natural Landscapes or Features or significant indigenous vegetation." Delete.

RA.3 "p. Earthworks: iii. Occur within a Site of Significance to Māori or within 10m of any archaeological site". Change to iii. Occur within a Site of Significance to Māori or within 10m of any archaeological site where that site has been identified in the District Plan". RA.4.1 Matters of Control "1. j. The extent to which the subdivision avoids adverse effects on significant flora and fauna habitats, including methods of weed and pest management and measures to control cats and dogs." Change to " j. The extent to which the subdivision avoids adverse effects on significant flora and fauna habitats, including methods of weed and pest management and measures to control cats and dogs where the subdivision is in a designated kiwi conservation area." RA.4.2Assessment of Discretionary Activities "1. g. The effects of land use and subdivision on the relationship of tangata whenua with their ancestral lands, sites, water, waahi tapu and other taonga." Change to "g. The effects of land use and subdivision on the relationship of tangata whenua with their ancestral lands, sites, water, waahi tapu and other taonga where the land contains a site of significant to Maori as identified in the District Plan." "1.n. The need for footpaths/cycleways and, kerb and channel on roads, in the vicinity of a subdivision or landuse." Delete. RCE.1 "The RCE will not support an increased level of clustered rural living development. Consistent with a consolidated pattern of development residential, rural residential and rural living activities are directed to identified rural villages, the Rural (Urban Expansion) Environment or the Rural Living Environment to protect the productivity, biodiversity and rural character of the RPCE." Delete in the absence of evidence that the RCE will not support an increased level of clustered rural living development. RCE.1.2 Objectives "4. Avoid adverse effects on productive rural and land resources from ad hoc residential, subdivision and development in the RCE." Change "Avoid" to "Manage". Reinstate as 7. " Enable a wide range of productive rural land use activities to establish and operate to contribute to the District s economy." RCE.1.3 Policies "5. To maintain rural amenity and rural character by ensuring that all new buildings and rural land uses: a. Are of a scale and character appropriate to the RCE. b. Are sited in a location sufficiently setback from site boundaries to enable privacy, the retention of openness and access to sunlight. c. Avoid ribbon development." The reference to "all new buildings" is too all encompassing as it includes buildings that are not habitable. This provision appears to manage visual effects. "7. To enable the subdivision of rural land into allotments of 20ha or more, where the following has been provided for: a. Efficient and effective on-site servicing. b. Avoidance of erosion, subsidence, slippage, flooding or inundation from any source. c. Stability of land and its suitability to provide a foundation for the erection of

buildings, vehicle access and parking areas." Change 20ha to 4ha.and also other references to 20ha in the document. "12. To provide for environmental benefit lot subdivisions by considering sites with significant indigenous vegetation or significant indigenous habitat where the features: a. Are assessed to be an acceptable quality by a qualified and experienced ecologist; b. Are predominantly indigenous vegetation; c. Are a threatened or rare habitat type or contain indigenous or endemic taxa that are threatened or are rare in Northland; d. Contribute to ecological connectivity within the District; and e. Are either i. Indigenous vegetation with a minimum size of 1ha and minimum width of 50m; or ii. Located in a LENZ Acutely or Chronically Threatened Environment; or iii. An intact and functioning indigenous wetland." Change to "12. To provide for environmental benefit lot subdivisions by considering sites with significant indigenous vegetation or significant indigenous habitat either existing or proposed where the features or proposed features: a. Are assessed to be an acceptable quality by a qualified and experienced ecologist; b. Are predominantly indigenous vegetation." "13. To design environmental benefit lot subdivision in a manner that ensures: a. All of the significant indigenous vegetation or significant indigenous habitat on the site are protected in perpetuity as part of the subdivision. b. Subdivision boundaries are laid out in such a way that policy RCE 1.3.10 is clearly met." Change to "13. To design environmental benefit lot subdivision in a manner that ensures: a. All of the significant indigenous vegetation or significant indigenous habitat on the site are protected as part of the subdivision. b. Subdivision boundaries are laid out in such a way that policy RCE 1.3.10 is clearly met." RCE.2.1 Eligibility Rules "1. More than one minor household unit per allotment is a non complying activity." Change non complying to discretionary. "3. Intensive livestock farming within 250m of the boundary of a separate site containing a sensitive activity is a non-complying activity." Change non complying to discretionary. RCE.2.3 Discretionary Activities "3. More than one dwelling per 20ha, provided that one dwelling and one minor household unit is permitted on an allotment of any size." Change 20ha to 4ha. "5. The destruction or clearance of indigenous vegetation that forms a contiguous area of 1ha or more where the maximum area of destroyed or cleared indigenous vegetation per site exceeds 500m2 in any 24 month period, with the exception of vegetation clearance associated with: a. Routine maintenance within 3m of existing buildings, or b. Operation, maintenance and repair of existing tracks, lawns, gardens, fences, drains and other lawfully established activities, or c. Pest plant removal and biosecurity works, or d. Vegetation removal for customary rights, or e. Conservation planting, including planting for ecological restoration purposes." Change 500m2 to 5000m2. Change 3m to 30m. Delete d. "6. Any activity ancillary to farming, or plantation forestry or Strategic Rural Industry that operates within 250m of an existing sensitive activity on a separate site." Change 250m to 100m. "13. Farm quarry if the activity: a. Extracts over 5,000m3 in any 12 month period on the site. b. Undertaking blasting. c. Establishes within 500m of an existing sensitive activity on an adjacent site." Change 5,000m3 to 50,000m3. Change 500m to 100m. "14. Any activity ancillary to farming, or plantation forestry or Strategic Rural Industry that operates: a. Within buildings with a cumulative GFA exceeding 2000m2per site. b. From an outdoor area (excluding water storage

and/or treatment ponds and irrigators) larger than 500m2. " Change 2000m2 to 5000m2. Change 500m2 to 5000m2. "15. Any intensive livestock farming activity that operates within buildings with a cumulative GFA exceeding 2000m2 per site." Change 2000 to 20,000m2. RCE.3.1 Eligibility Rule "1. Subdivision of a minor residential unit from a residential unit is a prohibited activity." Change prohibited to discretionary. RCE.3.3 Controlled Activities "1. Subdivision where every proposed allotment: a. Has a minimum net site area of 20ha. b. Can accommodate a minimum 100m2 building area on which a residential unit can be built so that there is compliance as a permitted activity with the relevant rules in the District Plan." Change 20ha to 4ha. Change 100m2 to 400m2. "2. Boundary relocation subdivision of sites which are existing at [Operative Date] that: a. Results in the same number of sites, except sites held together under section 80 of the Building Act 2004. b. Results in no additional vehicle accesses. c. Results in every proposed allotment being able to accommodate a minimum 100m2 building area on which a residential unit can be built so that there is compliance as a permitted activity with the relevant rules in the District Plan. d. Demonstrate that management of water supply, stormwater and wastewater can be achieved within the proposed allotments in accordance with Whangarei District Council s Environmental Engineering Standards 2010. e. Results in the ability to construct or locate residential units not exceeding a density of 1 residential unit per net site area of 20ha." Change 100m2 to 400m2. Change 20ha to 4ha. RCE.3.4 Discretionary Activities "2. Subdivision of existing lawfully established residential units: a. With a minimum net site area of 2,000m2 or less that are able to accommodate onsite servicing of wastewater disposal in accordance with Whangarei District Council s Environmental Engineering Standards 2010. b. Resulting in no more than one additional title from the parent title within any 10 year period. c. Providing a balance allotment equal to or greater than 80ha in net site area." The Plan is unclear as to whether or not parts 2(a),(b),(c), are "and" or "or". With respect to (b), one allotment per 10 years could be problematic for older, long-term residents. Reduce to 3 years. With respect to (c), change 80ha to 8ha. "3. Subdivision where any proposed allotment is unable to accommodate a minimum 100m2 building area on which a residential unit can be built so that there is compliance as a permitted activity with the relevant rules in this Plan." Change 100m2 to 400m2. " 4. Subdivision where an environment benefit lot is proposed in-situ and where: a) Additional allotments do not exceed the following: i. 1 allotment for and up to 10ha of protected indigenous vegetation or up to 500m2of protected indigenous wetland. ii. 2 allotments for 10-20ha of protected indigenous vegetation or over 500m2of protected indigenous wetland. iii. 3 allotments over 20ha of protected indigenous vegetation. b) All of the following are shown to be met or how they are to met. i. An existing feature (or features) of high ecological value is present. ii. The feature(s) are protected at the time of application. iii. Protection is to be provided in perpetuity on the relevant certificate of title. iv. The full extent of all features located within the site are to be legally protected. v. That secure and permanent stock exclusion is or will be provided. vi. That invasive plant pests are or will be eradicated. vii. The animal pests are or will be controlled. viii. Whether domestic pets need to be excluded

or controlled." Replace with, "4. Subdivision where an environment benefit lot is proposed in-situ or being created and where: a) Additional allotments do not exceed the following: i. 1 allotment for and up to 2ha of protected indigenous vegetation or up to 250m2of protected indigenous wetland. ii. 2 allotments for 2-4ha of protected indigenous vegetation or over 250m2of protected indigenous wetland. iii. 3 allotments over 4ha of protected indigenous vegetation. b) All of the following are shown to be met or how they are to be met. i. That secure and permanent stock exclusion is or will be provided. ii. That invasive plant pests are or will be eradicated. iii. The animal pests are or will be controlled. iv. Whether domestic pets need to be excluded or controlled." RVE.1.1 Description and Expectations "The Whangarei District Council Growth Strategy Sustainable Futures 30/50 2009 ( Whangarei District Growth Strategy ) identifies three rural villages (Hikurangi, Waipu and Parua Bay) as growth areas. It is expected that other rural villages will continue to function at a similar scale and nature to how they are today." Delete all reference to Whangarei District Growth Strategy from the District Plan. "Ngunguru is a well established coastal village that has an urban character with small lot sizes and shops, a school, a motel and community facilities. The village adjoins the Ngunguru estuary. Ngunguru Sandspit Pi Manu is a significant environmental feature that separates the harbour from Whangaumu Bay to the east. Ngunguru Sandspit has well recognised cultural, historical and ecological values and is thought to be the last undeveloped sandspit of its type on the east coast of Northland. It is an important landscape feature for the Ngunguru community." Change to "Ngunguru is a well established coastal village that has an urban character with small lot sizes and shops, a school, a motel and community facilities. The village adjoins the Ngunguru estuary. Ngunguru Sandspit Pi Manu is a significant environmental feature that separates the harbour from Whangaumu Bay to the east. Ngunguru Sandspit has well recognised cultural, historical and ecological values. It is an important landscape feature for the Ngunguru community." RVE.1.2 Objectives "2. Protect and enhance the amenity and character values of each rural village." Change to "2. Protect the amenity and character values of each rural village." "3. Provide for community facilities; including halls, sports fields, churches and schools acknowledging the role of these as focal points for rural villages." Change to " Acknowledge the role of community facilities; including halls, sports fields, churches and schools as focal points for rural villages." " 4. Consolidate residential activities in rural villages." Delete. RVE.1.3 Policies "4. To protect residential character and amenity in the Rural Village Residential Sub-Environment by restricting the operation of commercial and industrial activities and providing for limits to home occupation activities." Change to "4. To protect residential character and amenity in the Rural Village Residential Sub-Environment by restricting the operation of commercial and industrial activities." "7. To maintain amenity in the Rural Village Centre Sub-Environment by ensuring that all new buildings are: a. Of a scale and character appropriate to the Sub-Environment. b. Sufficiently set back from the road boundary to allow safe pedestrian and vehicle movement and access. c. Designed to enable ancillary activities such as accessory buildings, parking, maneuvering and landscaping to be accommodated on the site." Change to "7. To maintain amenity in the Rural Village Centre Sub-Environment by ensuring that all new buildings are: a. Sufficiently set back from the road boundary to allow safe pedestrian and vehicle movement and access. b.

Designed to enable ancillary activities such as accessory buildings, parking, maneuvering and landscaping to be accommodated on the site." RVE.2.1 Eligibility Rules "1. Any commercial activity, excluding home occupations, is a non-complying activity within the Rural Village Residential Sub-Environment." Change non-complying to discretionary. "2. Any home occupation that exceeds 3 or more of the discretionary criteria in RVE.2.3.2(g)(i vii) is a noncomplying activity within the Rural Village Residential Sub-Environment." Change 3 to 5 and non-complying to discretionary. "3. Any industrial activity is a prohibited activity within the Rural Village Centre and Rural Village Residential Sub- Environment." Change prohibited to non-complying. "4. Any industrial activity, excluding rural centre service activities, is a non-complying activity within the Rural Village Centre Sun-Environment". Change non-complying to discretionary, and Sun to Sub.. "5. Any sensitive activity is a non-complying activity within the Rural Village Industry Sub-Environment." Change non-complying to discretionary. "6. Intensive livestock farming is a prohibited activity within the Rural Village Environment.." Change prohibited to non-complying. RVE.2.3 Discretionary Activities "1. b. Any commercial or rural centre service activity that: i. Exceeds 300m2 gross floor area. ii. Provides for 3 or more individual commercial or rural centre service activities on a site." Change 300m2 to 500m2, and 3 to 5.. "1.e.v. That exceeds a height equal to 3m plus the shortest horizontal distance between that part of the building and any boundary of a separate site which contains an existing residential unit." Delete. Conflicts with i. "2. Within the Rural Village Residential Sub-Environment: a. Any residential unit: i. Excluding minor residential units, where there is less than 500m2 net site area per residential unit." Change 500m2 to 400m2. "2. b. Any minor residential unit: i. Resulting in more than 1 minor residential unit on a site. ii. Where the net site area of the allotment is less than 750m2. iii. That is not able to connect to a public reticulated wastewater system." Change 750m2 to 600m2. "2.d. vi. That exceeds a height equal to 3m plus the shortest horizontal distance between that part of the building and any site boundary." Delete. Conflicts with i. "2. g. Any home occupation that: i. Generates more than 20 traffic movements per site, per day. ii. Does not provide the following required car parking spaces: a) 1 in addition to that of the residential unit, b) Plus 1 per employee, c) Plus 1 in circumstances where clients visit the site. iii. Has car parking between the residential unit and the road. iv. In addition to the principal operator, has more than two other persons engaged in providing the activity. v. Occupies more than 15% of the total GFA of all buildings on site. vi. Has a total area of signage greater than 0.25m2 per site. vii. Has illuminated or moving signage." Change to "g. Any home occupation that: i. Generates more than 40 traffic movements per site, per day. ii. Does not provide the following required car parking spaces: a) 1 in addition to that of the residential unit, b) Plus 1 per employee, c) Plus 1 in circumstances where clients visit the site. iii. In addition to the principal operator, has more than three other persons employed

in providing the activity.i v. Occupies more than 25% of the total GFA of all buildings on site. v. Has a total area of signage greater than 1m2 per site. vi. Has illuminated or moving signage." "3.a. v. That exceeds a height equal to 3m plus the shortest horizontal distance between that part of the building and any non-rural Village Industry Sub-Environment boundary.". Delete. Conflicts with i. RVE.3.1 Eligibility Rules "2. Subdivision of a minor residential unit from a residential unit that is not serviced by a public reticulated wastewater system is a prohibited activity." Change prohibited to non-complying. RVE.3.3 Discretionary Activities "2. Subdivision within the Rural Village Residential Sub-Environment creating any allotment: a. Connected to a public reticulated wastewater system with a net site area less than 500m2." Change 500m2 to 400m2. "3. Subdivision within the Rural Village Industry Sub-Environment creating any allotment: a. With a net site area less than 1000m2" Change 1000m2 to 800m2. RLE.1.1 Description and Expectations We disagree with the sensitivity given to unsealed roads. It is for Council to seal roads when the benefit/cost ratio justifies doing so either with or without a financial contribution from residents. In our view it is inappropriate for planning regulations to undermine the process as it prevents the emergence of progressive land use. Remove all reference to unsealed roads in the District Plan.. Remove controls regarding the siting of buildings. This is a matter for landowner preference. RLE.1.3 Policies " 2. To ensure buildings are designed, constructed and located to minimise the need for significant earthworks, the loss of native vegetation and / or natural habitats." Delete. This is a matter for landowner preference. RLE 2.3 Discretionary Activities "7. Home occupations that: a. Generate more than 20 traffic movements per day, per site. b. Do not provide the following required parking spaces: i. 1 in addition to that of the residential unit, ii. Plus 1 per employee, iii. Plus 1 in circumstances where clients visit the site. c. In addition to the principal operator, have more than two other persons engaged in providing the activity. d. Use more than 15% of the total GFA of all buildings on site. e. Have a total signage area greater than 0.25m2. f. Have illuminated or moving signage." Change to, "7. Home occupations that: a. Generate more than 40 traffic movements per day, per site. b. Do not provide the following required parking spaces: i. 1 in addition to that of the residential unit, ii. Plus 1 per employee, iii. Plus 1 in circumstances where clients visit the site. c. In addition to the principal operator, have more than three other persons employed in providing the activity. d. Use more than 25% of the total GFA of all buildings on site. e. Have a total signage area greater than 1m2. f. Have illuminated or moving signage." "10. The destruction or clearance of indigenous vegetation that forms a contiguous area of 1ha or more where the maximum area of destroyed or cleared indigenous vegetation per site exceeds 500m2 in any 24 month period, with the exception of vegetation clearance associated with: a. Routine maintenance within 3m of existing

buildings, or b. Operation, maintenance and repair of existing tracks, lawns, gardens, fences, drains and other lawfully established activities, or c. Pest Plant removal and biosecurity works. or d. Vegetation removal for customary rights, or e. Conservation planting, including planting ecological restoration purposes." Change to, "10. The destruction or clearance of indigenous vegetation that forms a contiguous area of 1ha or more where the maximum area of destroyed or cleared indigenous vegetation per site exceeds 5000m2 in any 24 month period, with the exception of vegetation clearance associated with: a. Routine maintenance within 30m of existing buildings, or b. Operation, maintenance and repair of existing tracks, lawns, gardens, fences, drains and other lawfully established activities, or c. Pest Plant removal and biosecurity works. or d. Conservation planting, including planting ecological restoration purposes." RLE 3.1 Eligibility "2. Subdivision that is not a controlled, non- complying or prohibited activity is a discretionary activity." Change discretionary activity to restricted discretionary. RUEE.1.2 Objectives "1. RUEEs, other than Toe Toe Road and Whau Valley Road, are maintained as rural residential areas prior to being reticulated for urban expansion." Change to "1. RUEEs are maintained as rural residential areas prior to being reticulated for urban expansion." and delete all reference to Toe Toe Road and Whau Valley Road as nature of "hazards, proximity to Quarrying Resource Areas and land use constraints" not stated. RUEE.1.3 General Policies "4. Prior to urban expansion, and to protect rural residential character and amenity in the RUEE, avoiding commercial and industrial activities and providing for limited home occupation activities." Change to "4. Prior to urban expansion, and to protect rural residential character and amenity in the RUEE, avoiding commercial and industrial activities while providing for home occupation activities." RUEE.2.1 Eligibility Rules "4. Home occupations that exceed 3 or more of the discretionary activity criteria in RUEE.2.3.79(a)- (f) are noncomplying activities." Change 3 to 4. "6. The destruction or clearance indigenous vegetation. That forms contiguous area 1 ha or more where the maximum area of destroyed or cleared indigenous vegetation per site exceeds 500m2 in any 24 month period, with the exception of vegetation clearance associated with a. Routine maintenance within 3m of existing buildings, or b. Operation, maintenance and repair of existing tracks, lawns, gardens, fences, drains and other lawfully established activities, or c. Pest plant removal and biosecurity works, or d. Vegetation removal for customary rights, or e. Conservation planting, including planting for ecological restoration purposes." Change "6. The destruction or clearance indigenous vegetation. That forms contiguous area 1 ha or more where the maximum area of destroyed or cleared indigenous vegetation per site exceeds 5000m2 in any 24 month period, with the exception of vegetation clearance associated with a. Routine maintenance within 30m of existing buildings, or b. Operation, maintenance and repair of existing tracks, lawns, gardens, fences, drains and other lawfully established activities, or c. Pest plant removal and biosecurity works, or d. Conservation planting, including planting for ecological restoration purposes."

"7. Home occupations that: a. Generate more than 20 traffic movements per day, per site. b. Do not provide the following required parking spaces: i. 1 in addition to that of the residential unit, ii. Plus 1 per employee, iii. Plus 1 in circumstances where clients visit the site. c. In addition to the principal operator have more than two other persons engaged in providing the activity. d. Occupy more than 15% of the total GFA of all buildings on site. e. Have a total signage area greater than 0.25m2. f. Have illuminated or moving signage." Change to "7. Home occupations that: a. Generate more than 40 traffic movements per day, per site. b. Do not provide the following required parking spaces: i. 1 in addition to that of the residential unit, ii. Plus 1 per employee, iii. Plus 1 in circumstances where clients visit the site. c. In addition to the principal operator have more than three other persons employed in providing the activity. d. Occupy more than 25% of the total GFA of all buildings on site. e. Have a total signage area greater than 1m2. f. Have illuminated or moving signage." RUEE.3.1 Eligibility Rules "1. Subdivision where the proposed allotments will be connected to Council reticulated water, wastewater and stormwater services and have a net site area of at least 500m2 shall be..." Change 500m2 to 400m2. "3. Other subdivision that is not a controlled or non-complying activity is a discretionary activity." Change discretionary activity to restricted discretionary activity. RUEE.3.3 Controlled Activities "1. c. No more than 3 allotments have shared access to a road". Change 3 to 6. Attachment 2 - Recommended Consequential Amendments to the Operative District Plan Text Consequential changes as per our substantive changes sought. 4.3 Definitions "Building means any temporary or permanent, movable or immovable structure, including any place, vehicle or construction used as a place of residence or business or for assembly or storage purposes; but does not include:" Change "Building means any permanent immovable structure used as a place of residence or business or for assembly or storage purposes; but does not include:" "i) Any structure 300mm or less in height; or". Delete. "j) Any structure which is 2.2m or less in height and which has 9m² or less ground coverage.,or" Change 9m2 to 30m2. Add "l) Is for aesthetic purposes only." "Home Occupation means an occupation, or craft, or profession that is ancillary to the residential use of the site and where the principal operator of the home occupation is a permanent resident on the site. It does not include panel beating or car wrecking and the activity does not include, before 8am or after 6pm on any day, the operation of machinery, receiving customers or the loading or unloading of vehicles. The storage of materials associated with a non-residential activity shall not be visible from a public road or neighbouring residential property. The generated effects from the scale, hours of operation and the type of home occupation activity shall not be any different from those of other permitted activities in the Environment, except in the KMP, and KLP, RLE, RUEE and RVE where specific provisions apply." Change to "Home Occupation means an occupation, or craft, or profession that is ancillary to the residential use of the site and where the principal operator of the home occupation is a resident on the site. It does not include panel beating or car wrecking and the activity does not include, before 8am or after 6pm on any day, the operation of machinery, receiving customers or the loading or

unloading of vehicles. The storage of materials associated with a non-residential activity shall not be visible from a public road or neighbouring residential property. The generated effects from the scale, hours of operation and the type of home occupation activity shall not be any different from those of other permitted activities in the Environment, except in the KMP, and KLP, RLE, RUEE and RVE where specific provisions apply." Part C 6 Built Form and Development "6.4.2 Consolidated Development To consolidate urban development by: i) Focusing residential development on those urban areas with demand, where the landscape and natural character have already been compromised. ii) Further develop within existing built up areas, so as to avoid sporadic or sprawling subdivision and ribbon development patterns, particularly in rural areas and along the coast." Change to "6.4.2 Consolidated Development To consolidate urban development by: i) Focusing residential development on those urban areas with demand, where the landscape and natural character have already been compromised. ii) Further develop within existing built up areas, so as to mitigate sporadic or sprawling subdivision and ribbon development patterns, particularly in rural areas and along the coast." 8. Subdivision and Development "8.4.7 Policy Design and Location To ensure subdivision and development is designed and located so as to avoid, remedy or mitigate adverse effects on, and where appropriate, enhance: Natural character of the coastal environment, indigenous wetlands, lakes and rivers and their margins; Landscape values; Natural features; Ecological values;" Change to 8.4.7 Policy Design and Location To ensure subdivision and development is designed and located so as to avoid, remedy or mitigate adverse effects on, Natural character of the coastal environment, indigenous wetlands, lakes and rivers and their margins; Landscape values; Natural features; Ecological values;" "8.4.9 Protection of Features To secure permanent protection and/or enhancement of: Stands of indigenous vegetation or indigenous fauna habitat, including indigenous wetlands; Areas of appropriately designed indigenous re-vegetation or enhancement.;" add "where indigenous excludes plantings by a landowner." Part D 36 Living 1, 2 and 3 Environment Rules 36.3.17 Indigenous Vegetation Clearance and Indigenous Wetland Disturbance "iii) The removal is of trees that are a danger to human life or existing structures (including network utilities); or" Change to "iii) The removal is of trees, including Notable and Public trees, that are a danger to human life or existing structures (including network utilities); or" "vii) The removal is for the formation and maintenance of walking tracks less than 1.2 metres wide using manual methods that do not require the removal of any indigenous tree over 300mm girth; or" Change to 1.2 metres to 2 metres and girth to diameter, and change to all other references to 300mm girth in the Plan. Part E 58 Heritage Buildings, Sites and Objects 58.2.5 Construction or Alteration of a Building On-Site "c) Accessory buildings are not located between the Heritage Building, Site or Object and the road or public reserve." Delete.

58.2.6 Construction or Alteration of a Building on Adjoining Sites "The construction or alteration of a building on a site adjoining the site of a Heritage Building, Site or Object is permitted if the building is set back at least: a) 5.0m from the boundary of the site containing a Heritage Building, Site or Object that is located within a Living, Business or Rural Village Environment; and b) For sites located in all other Environments: i. 20.0m from the Heritage Building, Site or Object; or ii. The distance required by the building setback rule in the Environment in which the building development is located; whichever is the greater." Change 5.0m to 3.0m and 20.0m to 10m. Part F 71 Subdivision Rules - Living 1, 2 And 3 Environments 71.3.15 Other Significant Features "Subdivision is a controlled activity if: a) The boundaries of all allotments are drawn relative to a significant or notable feature identified in Appendices 2 and 3 and Schedule LAN.8 13, to ensure that the whole feature is entirely within one of the allotments produced by the subdivision; and b) Any identified building areas avoid the significant feature; c) Permanent protection of the significant feature is achieved;" Change to "Subdivision is a controlled activity if: a) The boundaries of all allotments are drawn relative to a significant or notable feature identified in Appendices 2 and 3 and Schedule LAN.8 13, to ensure that the whole feature is entirely within one of the allotments produced by the subdivision as best practicable; and b) Any identified building areas mitigate the effects on the significant feature; c) Protection of the significant feature is achieved;" 71.3.18 Earthworks "c) No earthworks occur within a Site of Significance to Maori or within 10.0m of any archaeological site; and" Change to "c) No earthworks occur within a Site of Significance to Maori or within 10.0m of any archaeological site where the site is identified in the District Plan; and" Signature of appellant (being the person authorised to sign on behalf of appellant) 26 February 2018 Date Address for service of appellant: Landowners Coalition Incorporated PO Box 984 Whangarei 0140 Telephone: (09) 4343 836 or (021) 718 478 email: frank@newman.co.nz Contact person: Frank Newman Secretary