Supplementary Agenda of Council - Wednesday, 18 September 2024

15. Plan Change 14 Independent Hearings Panel Recommendations and Council Decision
Reference Te Tohutoro:	24/1503339
Responsible Officer(s) Te Pou Matua:	Ike Kleynbos, Principal Advisor Planning; Brent Pizzey, Senior Legal Counsel
Accountable ELT Member Pouwhakarae:	John Higgins, General Manager Strategy, Planning & Regulatory Services

1. Purpose and Origin of the Report Te Pūtake Pūrongo

1.1 The purpose of this report is for the Council to make decisions on some recommendations of the Independent Hearings Panel (IHP) for Plan Change 14 – Housing and Business Choice (PC14). Those decisions are:

(a) For the part of the City Centre Zone shown in Attachment A, excluding the areas in red lines, whether to accept or reject the IHP recommendations and, if rejecting, whether to propose an alternative recommendation to the Minister for Resource Management Reform (Referred to hereafter as the Minister); and

(b) Delisting decisions for heritage items and settings within and outside of the Attachment A area.

1.2 The Council cannot make accept/reject decisions on other IHP recommendations as part of this report because of the clarifications that the Council has asked of the IHP and because of extra time needed for rewriting the residential chapter (refer to report presented at the 21 August 2024 Council meeting). Other IHP recommendations are too intertwined with the residential chapter provisions for the Council’s decisions on them to be separated from the residential decision making.

1.3 Hon Chris Bishop, Minister for Resource Management Reform and Housing, has changed the original required completion date for PC14. The Minster has directed that the Council notify decisions on IHP recommendations by:

1.3.1 20 December 2024 for those aspects of Plan Change 14 that implement policies 3 and 4 of the NPS-UD (intensification in and around centres); and

1.3.2 12 December 2025 for all other IHP recommendations.

2. Officer Recommendations Ngā Tūtohu

That the Council:

1. Receives the information in the Plan Change 14 Independent Hearings Panel Recommendations and Council Decision Report.

2. Receives the Independent Hearings Panel – Plan Change 14 Housing and Business Choice recommendation reports, including recommendations on submissions, referred to in this report, as provided on the IHP Webpage: https://chch2023.ihp.govt.nz/recommendations-report/.

3. Notes that the decision in this report for the City Centre Zone is assessed as high significance based on the Christchurch City Council’s Significance and Engagement Policy.

Part of the City Centre Zone

4. Accepts the Independent Hearings Panel recommendations, as provided on the IHP Webpage (https://chch2023.ihp.govt.nz/recommendations-report/), only for the part of the City Centre Zone shown in Attachment A to this report as the shaded areas but excluding those bounded with red, pursuant to Schedule 1 clause 101 of the Resource Management Act 1991. These recommendations are limited to only the following zones and qualifying matters:

a. All recommendations as relevant to the City Centre Zone by the Independent Hearings Panel, specifically:

i. Part 1.

ii. Part 3, sections 34 to 235.

iii. Part 7 – as relevant to submission on the City Centre Zone.

iv. Part 8, Appendix G – Chapter 15 Commercial, only: 15.1, Tables 15.1.A, and 15.3 to add “City Centre Zone”; 15.2 Objectives and Policies 15.2.4.2, 15.2.6, 15.2.6.1 to 15.2.6.7 – as a new subsection only relevant to the City Centre Zone; only as relevant to “City Centre Zone”; 15.11 City Centre Zone, as a new subsection; 15.14 Matters of Discretion, as a new subsection only relevant to “City Centre Zone”; Chapter 2 Definitions, only for: “Building base”; “Building tower”; “CCZ”; “Fine grain”; “Gust Equivalent Mean (GEM)”; “Habitable room”; “Height in relation to boundary”; “Human scale”; “Small building”; “Street-facing façade”.

b. All provisions that apply to the City Centre Zone recommended by the Independent Hearings Panel, including (as Attachment B):

i. Update to Rule 15.11.2.3 Recession Plane diagram.

ii. Update to Diagram D, Appendix 14.16.2, as it applies to rule 15.11.2.9 – Sunlight and outlook at boundary with a residential zone;

iii. Updated Central City Zoning Map.

iv. Updated Central City Maximum Building Height Planning Map.

v. But not including provisions relating to Cathedral Square Height, Central City Heritage Interface, New Regent Street Building Height, Arts Centre Building Height, and Victoria Street Height qualifying matters, where in relation to: rule 15.11.1.3 RD11; rule 15.11.1.4.a D1; rule 15.11.2.3; rule 15.11.2.11.a.ii; rule 15.11.2.11.a.iv; rule 15.11.2.11.a.v; rule 15.11.2.11.a.vi; and rule 15.11.2.12.

c. Qualifying matters for Avon River Precinct (Te Papa Ōtākaro) Zone and Open Space Community Parks, as recommended by the IHP, specifically:

i. Part 5, Sections 22 – 24, pp126 – 130.

ii. Part 7, page 29.

iii. Part 8, Appendix G.

iv. IHP – Minute 51 (as Attachment C).

d. Qualifying matters for waterbody setbacks (all provisions), as recommended by the IHP, specifically:

i. Part 5 – (Section 5), page 11.

ii. Part 8.

e. Qualifying matters for Heritage items and settings (mapping only), as recommended by the IHP, specifically:

i. Part 1.

ii. Part 5, Section 10, page 25 – 15 sites listed in paragraph 87 (c), (d) and (e) only.

iii. Part 8.

f. Qualifying matters for Significant trees (all provisions), as recommended by the IHP, specifically (Attachment D):

i. Part 5 – Section 21, page 116.

ii. Part 8, Appendix G (Chapters 2 (only to retain operative “Dripline” definition, remove proposed “Tree protection zone radius” definition) and 9.4, and Appendix 9.4.7.1).

g. Other provisions required to be updated as a consequential change for the City Centre Zone:

i. Subdivision rules: 8.6.1 Table 2.d;

ii. Earthwork rules: 8.9.2.1 Table 9 e.iii;

iii. Transport rules: 7.4.2.5 NC3;

iv. Noise rules: 6.1.6.2.9.a.i.D;

v. Light spill rules: 6.3.6 Light Spill Standard by zone Table 6.3.6.1. ii.;

vi. Sign rules: 6.8.4.1.1 P8, P9, P11; 6.8.4.1.3 RD5; 6.8.4.2.4.b..

Heritage items and settings

5. Accepts the Independent Hearings Panel recommendations, as provided on the IHP Webpage (https://chch2023.ihp.govt.nz/recommendations-report/), pursuant to Schedule 1 clause 101 of the Resource Management Act 1991, to:

a. change the location of the listing for the Citizens War Memorial within Cathedral Square; and

b. remove the following heritage items and settings from heritage protections in the District Plan:

i. 471 Ferry Road

ii. 137 Cambridge Terrace, Harley Chambers

iii. 40 Norwich Quay (demolished)

iv. 136 Barbadoes Street - Cathedral of the Blessed Sacrament (demolished)

v. 32 Armagh Street - Blue Cottage

vi. 65 Riccarton Road - St James’ Church

6. Delegates authority to the Head of Planning and Consents to make changes of minor effect or correct minor errors in the accepted Independent Hearings Panel recommendations before publicly notifying its decision on Recommendations 4 and 5.

7. Agrees to publicly notify its decisions in Recommendations 4 and 5 and to serve the public notice on all submitters to the Plan Change 14 Hearings.

3. Executive Summary Te Whakarāpopoto Matua

3.1 The Resource Management Act required the Council to notify a plan change to give effect to the National Policy Statement on Urban Development 2020 (NPS-UD) and Medium Density Residential Standards in Schedule 3A of the Resource Management Act. An Independent Hearings Panel (IHP) has heard submissions on the plan change. The IHP has issued its recommendations report to the Council[1]. The Council must decide whether to accept or reject the IHP’s recommendations.

3.2 The IHP recommendation reports have required the Council to redraft the residential chapter. The Council’s decisions on IHP recommendations on the residential chapter are closely connected to decision making on other IHP recommendations. The Council has also asked the IHP to clarify numerous matters. As a result of that, there are few IHP recommendations that the Council can decide on and notify now. These are confined to the part of the City Centre Zone identified in Attachment A.

3.3 Officers are not advising on the merits of the IHP recommendations. The Officer Recommendations contained in this report to accept some IHP recommendations are based on the Mayor and Councillors not having proposed any alternative to the IHP recommendations.

3.4 This report also recommends that the Council decides on IHP recommendations to remove six heritage items and settings from heritage protection in the District Plan. The Mayor and Councillors have not proposed keeping any of those listings. All six are in policy 3 areas. The delisting decision can be made in advance of the policy 3 intensification decisions in December.

3.5 The Council is not, in this report, deciding on any IHP recommendations that increase intensification outside of the part of the City Centre Zone shown in Attachment A – for example, recommendations on sunlight access. The Council will be deciding on those matters when it decides on the residential chapter. The Council intends to complete its decision making on IHP recommendations on policy 3 areas (intensification in and around centres) by December 2024.

4. Background/Context Te Horopaki

4.1 Plan change 14 was publicly notified on 17 March 2023. Prior to its notification, the Council engaged and consulted with the community over April/May 2022. This included letters to affected properties, public advertising, flyers in all Christchurch City Council libraries and services centres, a consultation website, and direct engagement via interactive webinars and specific stakeholder engagement. The Council received feedback from about 700 respondents, including Crown agencies, resident associations, and professional associations. A report summarising feedback was published online in June 2022, synthesising feedback received.

4.2 Further evaluation work was completed following the conclusion of public pre-notification engagement, culminating in officers seeking to notify the plan change on 8 September 2022. The Council voted against the resolution to notify the plan change, instead writing to the Environment Minister, Hon David Parker, expressing the Council’s concerns that the direction to intensify was not bespoke to a Christchurch’s context. An alternative PC14 proposal was drafted, with public webinar sessions in mid-December 2022 and mid-February 2023 to inform the public on the contents of the alternative proposal and address any questions raised.

4.3 Separate to the above, the Council also engaged with iwi authorities through Mahaanui Kurataiao Limited (Mahaanui). The full draft proposal was discussed with Mahaanui in April 2022, with draft s32 evaluation reports and related reports in July 2022. Following the decision to reject the plan change for notification in September 2022, Mahaanui also reviewed the alternative proposal in 2023.

4.4 The Council received over 900 submissions on the plan change following its notification in March 2023, which closed on 12 May 2023. Hearings on the plan change were facilitated by the IHP between October and November 2023 and April 2024.

4.5 The IHP issued its recommendation reports on 30 July 2024. The Council had intended to decide on all IHP recommendations on policy 3 and 4 areas on 4^th September so that it could meet the Minister’s initial Gazette notice deadline of 12 September. However, as noted in the officers’ report to Council on 21 August (See Item 8 in Agenda), the Council is unable to do so because of the IHP’s request that officers re-write the residential chapter, the interconnection between that redrafting and other IHP recommendations, and clarifications that the Council have asked of the IHP.

4.6 For the reasons described in paragraph 4.5, Officers were considering recommending to Council that it delay all decision making. Officers then identified some exceptions to that need for delay. The Minister has now extended the deadline for the Council to publicly notify decisions on IHP recommendations on policy 3 and 4 areas to 20 December 2024; however, Council decisions on the IHP recommendations addressed in this report do not need to be delayed to December and this report recommends that the Council decide on those IHP recommendations now.

4.7 The Resource Management Act enables the Council to seek clarifications from the IHP of its recommendations to assist the Council’s decision making on those recommendations[2].

4.8 On 30 August 2024, PC14 submitter Carter Group Limited, notified Council of potential errors in IHP reporting relating to the City Centre Zone, noting that making a decision in the absence of remediation of these errors would be grounds for judicial review to the High Court. The Council sought clarification via a Memorandum to the IHP on 3 September 2024, which the IHP responded to on 11 September 2024. The response included a number of corrections and updates to recommendations, including updated rules for the City Centre Zone. These updated provisions are now part of the decision making for the zone.

4.9 The Council must either accept or reject IHP recommendations and may provide an alternative recommendation to the Minister for any IHP recommendations that the Council rejects. The Council must refer to the Minister each rejected recommendation and the reasons for the Council rejecting it. The Council may also provide its alternative recommendation to the Minister[3].

4.10 The Council must make that decision in a manner that is consistent with any iwi participation agreement, Mana Whakahono a Rohe or joint management agreement[4]. None of those are relevant here.

4.11 In making its accept/reject decision the Council must not consider any submission or other evidence unless it was made available to the IHP before the IHP issued its recommendation report[5]. That is why Officers are not advising on the merits of the IHP recommendations. The Officer Recommendations contained in this report to accept some IHP recommendations are solely based on the Mayor and Councillors not having raised any concerns with these IHP recommendations.

4.12 If the Council accepts IHP recommendations, there are no appeal rights[6] and the provisions then become operative in the District Plan[7].

4.13 If the Council rejects the IHP recommendations the Minister’s decision on them is final. There are no appeal rights[8] and the provisions become operative in the District Plan after the Minister’s decision[9].

4.14 The Council intends to complete its decision making on IHP recommendations on policy 3 areas (intensification in and around centres) by December 2024. Council has discretion about when to make decisions on IHP recommendations for areas outside of the policy 3 areas provided that the decisions are notified by 12 December 2025[10]. The Council indicated in its 1 May 2024 decision (See Item 12 in Confirmed Minutes) that it intends to make those decisions if still required to do so in 2025. If in the meantime central government changes the law to make that intensification optional, the Council might decide to not proceed with optional intensification and will therefore have no requirement to make a final decision on any intensification or qualifying matters outside of policy 3 areas.

Accept/reject decisions for part of the City Centre Zone

4.15 The map in Attachment A is of the City Centre Zone. The red lines on that map exclude the area of some qualifying matters that were in the notified plan change. The IHP recommendations on those areas do not make any of them larger but do recommend changing or deleting some of them; and the Mayor and Councillors have not indicated that they intend an alternative recommendation to enlarge any of them.

4.16 The areas in the red lines in Attachment A are excluded from the area for the Council’s accept/reject decisions because the Council had asked for clarifications in its memorandum to the IHP dated 19 August 2024^{^[11]}. The IHP answered that memo in a Minute dated 27 August 2024^{^[12]}. Staff have reviewed the IHP memo and are going to request the IHP to provide further clarifications in regard to these qualifying matters and other aspects of the recommendations in the week of 16 September. Those areas remain excluded from the Council decisions in this report.

4.17 Recommendations 4.c. to 4.f of this report specify the qualifying matters relevant to the City Centre Zone. “Qualifying matters” are constraints on the intensification that the Resource Management Act required this plan change to enable. The qualifying matters that apply to the part of the City Centre Zone recommended here for accept/reject decisions are further described below.

4.18 For the open space, waterbody, and significant trees qualifying matters, the accept decision includes all IHP recommended provisions that relate to those qualifying matters applying within the area shown in Attachment A but not elsewhere. For the heritage items and settings, the accept decision is limited to the IHP’s mapping recommendation – including their removal or amendment.

Accepting IHP recommendations to delist some heritage items and settings

4.19 This part of the proposed resolutions is that the Council accept the IHP recommendations to remove six heritage items and settings from heritage protection in the District Plan. The merits of that have been assessed by the IHP. The Mayor and Councillors have not proposed retaining any of these listings.

Further information about the provisions

City Centre Zone

4.20 The following provides a summary of the recommended provisions for the City Centre Zone. Attachment B includes the provisions recommended by the IHP in full.

4.21 Building height: Permitted to 28m (rule 15.11.1.1).

Controlled Activity (if building achieves urban design certification (rule 15.11.1.2 C1A) from 28-45m or less than 28m (rule 15.11.1.2.C1B), otherwise Restricted Discretionary Activity (rule 15.11.1.3).

Restricted Discretionary >45m (rule 15.11.1.3).

No Discretionary Activity rule for building height.

Open space qualifying matter

4.22 This is for parks and reserves, specifically Avon River Precinct Zone and Open Space Community Parks Zone. The provisions for the zone seek to protect recreational and amenity spaces for the community. Their identification and provisions for the City Centre Zone enables consideration of the effects of intensified and tall developments across the City Centre Zone. The recommendation is to retain all current controls.

Waterbody setbacks

4.23 These provisions categorise waterbodies across the district and ensure that there is an appropriate building setback from waterbodies including the Avon River within the City Centre Zone. The recommendation is to retain all current controls.

Heritage items and setting

4.24 This is for specific buildings and their settings. It is not a decision on heritage areas or character areas. The decision is to support the mapping and associated listings within the schedule, but not any changes to provisions. This is because such a de-listing or reduction in application (i.e. amendment of location or reduction in size) is not considered relevant to a qualifying matter as it would be more enabling through removing or amending the restriction.

4.25 The IHP recommendation for items and settings is to not include any new ones because this should be done through Plan Change 13, and to retain all the others listed in the operative Plan except for six heritage items and settings that submitters sought to delist and the IHP recommends deleting. Of other submissions received, the IHP recommended that nine other heritage items and/or settings are retained in the schedule or amended.

Significant trees

4.26 The current approach to protecting significant trees has been recognised as a qualifying matter by the IHP. The associated rules set standards for pruning and maintenance, earthworks near a tree base, the criteria for removal, and require resource consent for the removal of health trees. A number of significant trees are located within the City Centre Zone. Attachment D includes the provisions recommended by the IHP in full.

4.27 The following related memos/information were circulated to the meeting members:

Date	Subject
19 July 2024	Plan Change 14: preparing for decision making on panel recommendations
30 July 2024	Independent Hearings Panel Recommendations Report – Plan Change 14 Housing and Business Choices
31 July 2024	Independent Hearings Panel recommendations on PC14
2 August 2024	Updated IHP recommendations on PC14
9 August 2024	Plan Change 14
22 August 2024	Plan Change 14 decisions possible on 4 September

4.28 The following related information session/workshops have taken place for the members of the meeting:

Date	Subject
6 August 2024	IHP Recommendations on PC14
13 August 2024	IHP Recommendations on PC14
20 August 2024	IHP Recommendations on PC14
28 August 2024	IHP Recommendations on PC14

Options Considered Ngā Kōwhiringa Whaiwhakaaro

4.29 The following reasonably practicable options were considered and are assessed in this report:

4.29.1 Making the following decisions on 18 September 2024:

(a) For the part of the City Centre Zone shown in Attachment A, whether to accept or reject the IHP recommendations and, if rejecting, whether to propose an alternative recommendation to the Minister;

(b) Accepting or rejecting IHP recommendations to change the location of the listing for the Citizens War Memorial in Cathedral Square and to delist six heritage listings in policy 3 areas. Those sites are:

i. 471 Ferry Road (Policy 3 area outside CCZ) Commercial building. Council’s evidence supported the submitter’s request for delisting on costs grounds.

ii. 137 Cambridge Terrace, Harley Chambers (Policy 3 area, City Centre Zone). Council’s evidence supported the submitter’s request for delisting on costs grounds.

iii. 40 Norwich Quay (demolished hotel) (Policy 3 area outside CCZ).

iv. 136 Barbadoes Street - Cathedral of the Blessed Sacrament (demolished) (Policy 3 area outside CCZ - CCMUZ).

v. 32 Armagh Street - Blue Cottage (Policy 3 area outside CCZ, SPS zone) IHP heard expert evidence and recommends delisting.

vi. 65 Riccarton Road - St James’ Church (Policy 3 area outside CCZ) IHP heard expert evidence and recommends delisting.

4.29.2 Not deciding on any IHP recommendations until the Council is ready to make decisions on all commercial areas at the same time.

4.30 The following options were considered but ruled out:

4.30.1 Deciding on IHP recommendations for all of the policy 3 areas on 18^th September. The Council decision of 21 August acknowledged that this is now not possible due to the re-write of the residential chapter and clarifications that the Council has sought from the IHP.

Options Descriptions Ngā Kōwhiringa

4.31 Preferred Option: Making accept/reject decisions on IHP recommendations for the part of the City Centre Zone shown on the map in Attachment A and deciding on IHP recommendations to delist six heritage items and settings in policy 3 areas.

4.31.1 Option Description:

4.31.2 The City Centre Zone map in Attachment A excludes areas for which the Council sought clarification from the IHP. Council’s decision making will be complete for the area included in the accept/reject resolution. If the Council accepts the IHP recommendations, then the plan change will be operative when the Council notifies its decision. If the Council rejects any of the IHP recommendations for that area, then the Minister will decide on the IHP recommendations and on any alternative recommendation proposed by the Council.

4.31.3 If the Council accepts the IHP recommendations to delist the six sites, these will be removed from the District Plan when the Council publicly notifies that decision. The PC14 decisions that apply to those sites will be decided when the Council makes its intensifications decisions.

4.31.4 Option Advantages

· It demonstrates that the Council is doing all that it can to comply with the Minister’s timetable as soon as possible.

· It provides as much certainty as possible, as soon as possible, regarding the result of the plan change.

· Improved certainty now for city centre developers might reduce costs.

4.31.5 Option Disadvantages

· The Mayor and Councillors must be certain that they do not propose any increase in the size of the qualifying matter areas excluded from the City Centre Zone resolution, as they will no longer be able to do that in this plan change if they accept the IHP recommendations.

· At the boundaries of the City Centre Zone, the District Plan provisions for building on one side of the boundary might have an impact on what is appropriate on the other side of the boundary. The Mayor and Councillors should have regard to that interconnection when they decide on IHP recommendations for the City Centre Zone.

· It creates some complexities for updating the amended District Plan and for resource consent decision making under the amended Plan; however, officers consider that those complexities are manageable.

4.32 Not deciding on any IHP recommendations until the Council is ready to make decisions on all commercial areas at the same time.

4.32.1 Option Description: Not deciding on any IHP recommendations for the City Centre Zone or anywhere else on 18^th September 2024. Making all decisions together by December 2024.

4.32.2 Option Advantages

· It is simpler for the Council.

4.32.3 Option Disadvantages

· It fails to take advantage of the opportunity to provide as much certainty as possible as soon as possible.

· It is an avoidable delay.

· It potentially increases development costs for projects in part of the City Centre Zone that are waiting for improved Plan certainty.

Analysis Criteria Ngā Paearu Wetekina

4.33 The option criteria considered above include making decisions on IHP recommendations at the earliest reasonable time, improving certainty for people, and avoiding avoidable delays.

5. Financial Implications Ngā Hīraunga Rauemi

Capex/Opex Ngā Utu Whakahaere

	Recommended Option	Option 2 – No decision on IHP recommendations til Council ready
Cost to Implement	Within budget	Within budget
Maintenance/Ongoing Costs	Nil	Nil
Funding Source	Planning and Strategic Transport budget for Enabling Housing
Funding Availability	N/A	N/A
Impact on Rates	Nil	Nil

6. Considerations Ngā Whai Whakaaro

Risks and Mitigations Ngā Mōrearea me ngā Whakamātautau

6.1 Two risks of deciding now on IHP recommendations on part of the City Centre Zone have been highlighted in this report.

6.2 First, that although the Council is excluding from this decision the IHP recommendations on the provisions for the excluded qualifying matter areas, an “accept” decision here on the included areas means that the excluded areas cannot be made larger in the subsequent decision making. The size of those excluded areas is based on the fact that the Mayor and Councillors have not asked for them to be larger.

6.3 Secondly, that there is some interrelationship between provisions that manage buildings on either size of a zone boundary. The Council will need to have regard to that when deciding on the City Centre Zone provisions in isolation of decisions on the surrounding zones.

Legal Considerations Ngā Hīraunga ā-Ture

6.4 Statutory and/or delegated authority to undertake proposals in the report:

6.4.1 The Resource Management Act requires the Council to accept or reject IHP recommendations on this plan change.

6.5 Other Legal Implications:

6.5.1 The legal context is described in 4.1-4.14 above.

6.5.2 If the Council decision on a heritage item or setting is to reject the IHP recommendation to delist i.e, it is a decision to retain the heritage item as a qualifying matter – then the Council must make that decision to keep a qualifying matter at the same time as deciding on the intensification provisions.

6.5.3 Harley Chambers (137 Cambridge Tce) is the sole heritage delisting addressed in this report for which the Council will be making intensification decisions on 18 September 2024 because it is in the City Centre Zone. If the Council was to want to reject the IHP recommendation and instead retain heritage listing for the other five sites then the Council cannot make that decision until deciding on the policy 3 intensification in December.

Strategy and Policy Considerations Te Whai Kaupapa here

6.6 The required decisions:

6.6.1 Align with the Christchurch City Council’s Strategic Framework.

6.6.2 Are assessed as high significance based on the Christchurch City Council’s Significance and Engagement Policy. The level of significance was determined by the significance of the change to the District Plan provisions for the City Centre zone arising from the accepting the IHP recommendations.

6.6.3 Are consistent with Council’s Plans and Policies.

6.7 This report supports the Council's Long Term Plan (2024 - 2034):

6.8 Regulatory and Compliance

6.8.1 Activity: Strategic Planning and Resource Consents

· Level of Service: 9.5.1.1 Prepare plan changes to the District Plan to address issues and to implement national and regional direction, identified as a high priority by Council - In accordance with statutory processes and timeframes

Community Impacts and Views Ngā Mariu ā-Hāpori

6.9 Community views were expressed through the notification, submission and hearings process for this plan change. Those views are described and assessed in the IHP recommendation reports. The submissions and evidence can be viewed here.

6.10 The Resource Management Act disallows the Council from separately taking into account the views of community boards or any other person when deciding on the IHP’s recommendations beyond what has been heard by the IHP in submissions and evidence.

Impact on Mana Whenua Ngā Whai Take Mana Whenua

6.11 The Resource Management Act requires that the Council’s decision on the IHP recommendations must not consider any submissions or other evidence unless it was made available to the IHP before the IHP made its recommendation report. That prohibition includes impacts on mana whenua beyond what has been heard by the IHP in submissions and evidence.

6.12 The IHP recommendation report has considered impact on mana whenua to the extent required by the legislation for this plan change.

Climate Change Impact Considerations Ngā Whai Whakaaro mā te Āhuarangi

6.13 The Resource Management Act requires that the Council’s decision on the IHP recommendations must not consider any submissions or other evidence unless it was made available to the IHP before the IHP made its recommendation report. That prohibition includes climate change impact considerations.

6.14 The IHP recommendation report has considered climate change impacts to the extent required by the legislation for this plan change.

7. Next Steps Ngā Mahinga ā-muri

7.1 The Council’s decisions accepting IHP recommendations will be publicly notified and will then be operative in the District Plan.

7.2 IHP recommendations rejected by the Council will be referred to the Minister to decide, together with any alternative recommendations decided by the Council. However, if the Council wishes to reject an IHP recommendation to delist a heritage item or setting outside of the City Centre Zone area in Attachment A, that decision will not be made at the same time as the Council deciding on intensification in December.

7.3 Further information sessions will be held regarding IHP recommendations that have been clarified by the IHP and regarding the redrafting and implications of the IHP recommendations on the residential chapter.

7.4 The Council intends to decide on the remainder of IHP recommendations for policy 3 areas before 20 December 2024. It has discretion about whether to make decisions on IHP recommendations for matters outside of policy 3 areas at the same time or later in 2025.

Attachments Ngā Tāpirihanga

No.	Title	Reference	Page
a ⇩	Attachment A - 4 Sept - Plan Change 14 City Centre Zone	24/1526411	17
b ⇩	Attachment B - Recommended CCZ controls	24/1617294	18
c ⇩	Attachment C - IHP Minute 51 (15 August 2024)	24/1526417	113
d ⇩	Attachment D - Recommended Significant Trees District Plan rules	24/1526420	176