Daily Archives: March 8, 2017

Ancestral landscape, natural heritage, dark skies & the district plan #respect


Peninsula: Exploring the Otago Peninsula | Paul Sorrell
Rich in recreational opportunities and with a strong sense of culture and community, the peninsula is a place like no other. Author Paul Sorrell and photographer Graham Warman discover the sweeping landscapes, unique mix of wildlife and engaging local personalities found on this special slice of New Zealand’s southern coast…. Penguin promotion

### ODT Online Sat, 7 Sep 2013
People and place portrayed
By Helen Speirs – ODT books editor
PENINSULA: Exploring the Otago Peninsula by Paul Sorrell and Graham Warman (Penguin)
From its volcanic formation, to early Maori settlement and the first European visitors, the book traces the influences of humans on the land, examining fishing and farming practices and architectural landmarks including the Mason and Wales “White House”, Larnach Castle, Fletcher House, Otakou marae, Portobello Aquarium and Marine Studies Centre, and the Armstrong Disappearing Gun. […] The rich diversity of the “wildlife capital of New Zealand” is a highlight, with information about the area’s jewelled gecko, its multitude of birdlife – including Taiaroa Head’s northern royal albatross, New Zealand sea lions and yellow-eyed penguins. […] The book’s design and layout is simple and reader-friendly, the writing informative and accessible, and the photography stunning – the sweeping vistas of the peninsula land and seascapes, with the light playing on the water and shadows in the folds of the land are particularly evocative.
Read more


Otago Peninsula by Colin McCahon [tepapa.govt.nz]


P A P A N U I ● I N L E T ● W A K A ● F I N D

### ODT Online Tue, 14 Oct 2014
Historic waka find excites as peninsula gives up secret
By Hamish McNeilly
The discovery of a historic waka unearthed from Papanui Inlet is a “significant find”, a local kaumatua says. A waka – believed to be a fishing waka (waka hi ika) – measuring 6.17m was excavated from the edge of the inlet over the weekend, and is now in storage. Otakou runanga kaumatua Edward Ellison said the “exciting” discovery “sheds new light [on] the historical use and occupation of the Papanui Inlet and surrounds”. It was likely the vessel dated from the Ngati Mamoe occupation of that part of the Otago Peninsula, before “Ngai Tahu came down and pushed some of them further south”.
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### ODT Online Thu, 16 Oct 2014
‘I knew it was something significant’
By John Lewis
If it were not for changing tidal flows, the fishing waka unearthed from Papanui Inlet on Otago Peninsula at the weekend might never have been discovered, Department of Conservation historic technical adviser Shar Briden said. The 6.17m waka was under 1.6m of sand and was discovered by chance in August by Ms Briden. She said the channel flow had changed, with the estuary water now cutting over the top of the waka. […] The waka was excavated and refloated using whale pontoons at the weekend, and moved across the estuary at high tide to where it could be retrieved. The waka is believed to be the only one found in Otago, and has archaeologists around the country buzzing.
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### ODT Online Sun, 28 Dec 2014
Waka remnants give glimpse into past
By Shawn McAvinue
A waka submerged in a locked wooden tank at the Otakou marae in Dunedin continues to reveal the past to archaeologists. Te Runanga o Otakou manager Rachel Wesley said the fishing waka, unearthed from Papanui inlet on Otago Peninsula in October, was on the marae and submerged in fresh water in a locked wooden tank. […] The waka was moved to the marae in early December […] Samples of the waka had been sent to Auckland and Dunedin to determine its age. The waka conservation work would take more than two years […] Department of Conservation historic technical adviser Shar Briden said other wooden artefacts were found before the waka was discovered and they revealed some more about it.
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### ODT Online Fri, 6 Feb 2015
Waka believed from the 1500s
By Hamish McNeilly
The historic waka unearthed from Papanui Inlet was used in the 1500s, it has been revealed. Dilys John, of Auckland University’s anthropology department, has dated the worked waka and the prepared fibres from inside the hull at being between 440 and 463 years old. Otakou runanga elder Edward Ellison said the waka remained in water at the marae, and the salt would slowly be removed out of the timber over the next two years. The waka would be preserved and then possibly be put on display […] It was believed the waka was used by Waitaha – the first occupants of the site – or Ngati Mamoe […] “The mere thought that the hands that made and used the hand-woven fibres belonged to ancestors who lived at Papanui Inlet at least 20 generations ago is quite breathtaking.” Dating the waka helped with comparisons with other sites around New Zealand and confirmed “the specialness of the Papanui Inlet”.
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█ Anyone who found an object should leave the item in situ and report the find to the Department of Conservation. (ODT)


D A R K ● S K I E S ● O T A G O ● P E N I N S U L A

### ODT Online Wed, 15 Apr 2015
Seeking dark sky city status
By Vaughan Elder
The Dunedin City Council is to investigate ways of limiting light pollution, after councillors were told Dunedin could become the world’s largest “dark sky city”. Otago Museum director Ian Griffin spoke about the issue of light pollution at yesterday’s planning and regulatory committee meeting when he discussed the museum’s planetarium development, which is to open later this year. “We see the planetarium as not just a brilliant educational tool [but also] potentially an anchor for a new strand of tourism in this city.” There was a massive potential for growth in night sky tourism in the city and the council could support that by acting to limit light pollution in areas such as Otago Peninsula, where viewing conditions were best, Dr Griffin said.
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Evidence from Dr Ian Griffin 1.3.17
Evidence from Dr Ian Griffin Graphic supplement
Dr Ian Griffin Submitter Legal Counsel’s tabled submission 8.3.17


P R O B L E M ● C H I L D R E N

### ODT Online Fri, 10 Apr 2015
Quarry operator faces hearing over breach
By Chris Morris
An Otago Peninsula quarry operator found to be digging beyond his boundary faces a public hearing to determine the future shape of the operation. The Papanui Inlet quarry operation, headed by Peninsula resident Steve Clearwater, was found to be in breach of its existing consent following an inspection by council staff early last year.
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### ODT Online Mon, 20 May 2013
Luxury Peninsula retreat operating outside consent
By Chris Morris
The owners of an Otago Peninsula luxury lodge with an international profile are in the Dunedin City Council’s crosshairs after operating outside their resource consent for years. Kaimata Retreat owners Kyle Davidson and Rachel Duell are said to be talking to a planning consultant after “reversing” the permitted use of two buildings on their property. The site at 297 Cape Saunders Rd overlooks Papanui Inlet, providing guests with stunning views and quick access to wildlife tourism. However, a copy of the owners’ 2004 consent showed they were granted permission to build a new residential home on the site, and convert their existing two-bedroom cottage on the same site into visitor accommodation. Instead, the new home had become a luxury lodge overlooking the inlet, while the owners refurbished their existing cottage and continued to use it as their family home, council resource consents manager Alan Worthington confirmed. It appeared the swap had been in place for years, but council staff were only alerted after a member of the public raised concerns in recent days.
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### ODT Online Fri, 31 Jul 2015
May need new consent, quarry hearing told
By John Gibb
A “catch-22” legal problem involving a quarry on Otago Peninsula means all parties, including the applicant and many submitters, may have been wasting their time attending a consent hearing. […] The hearing involves a quarry, which had operated as a smaller farm quarry before a consent allowed it to expand in 2007. Steve Clearwater Contracting, headed by peninsula resident Steve Clearwater, has been accused by council staff of not complying with rules designed to restrict his quarry’s operation. […] Council officials say the quarry was found to be operating beyond its boundary early last year, by extracting rock from further up Geary’s Hill than was permitted. The applicant, Peninsula Holdings Trust, is seeking a variation on its existing consent, to legalise what has been done, but it is also seeking to expand its footprint for future operations. The application has prompted 40 submissions, including 32 from neighbours, many opposing it.
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### ODT Online Sat, 1 Aug 2015
Quarry hearing adjourned
By John Gibb
Independant commissioner Andrew Henderson has adjourned a Dunedin consent hearing to consider legal issues linked to a quarry overlooking Papanui Inlet in a “treasured ancestral landscape”. Mr Henderson, of Christchurch, said yesterday he would consider legal issues over how to proceed with an application, on behalf of the quarry operator, to vary conditions in an earlier 2007 consent, involving the quarry on Otago Peninsula.
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Neighbours are fighting plans to expand a quarry overlooking Papanui Inlet, after it was found to be in breach of 10 resource consent conditions. (ODT)

### ODT Online Fri, 28 Aug 2015
Fears for Otago Peninsula hill
By Chris Morris
A quarry operator accused of flouting rules on Otago Peninsula could seek to remove a hill overlooking Papanui Inlet, neighbours fear. Steve Clearwater Contracting, headed by peninsula resident Steve Clearwater, has been accused by Dunedin City Council staff of showing “contempt” for rules designed to restrict his quarry’s operation. […] “Geary’s Hill, at the head of Papanui Inlet, is an integral part of a wider wahi tupuna [ancestral landscape]” […] The Otakou runanga was concerned about the “incremental carving away at the basic elements of this ancestral landscape leading to greater and irreversible changes”.
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### ODT Online Wed, 23 Sep 2015
Quarry expansion plans scuttled
By Craig Borley
Controversial expansion plans for an Otago Peninsula quarry have been declined by an independent commissioner, but quarrying will continue on the site. The Geary’s Hill quarry, overlooking Papanui Inlet, was last year found to have breached many of its 2007 resource consent conditions. It had extended further up and across Geary’s Hill than consented, while a paddock consented to receive fill to a depth of 1m had since received considerably more than that. Dunedin City Council staff concluded it was in breach of at least 10 consent conditions, while compliance with another five was questionable. Quarry operator Steve Clearwater Contracting, headed by peninsula resident Steve Clearwater, had been forced to seek a variation on its existing consent to legalise what it had done, while also seeking to expand its footprint for future operations. Neighbours feared the variation, if accepted, could eventually lead to the complete removal of the hill. But that variation was declined last week and was now subject to a 15-working-day appeal period. […] The council had accepted it had been deficient in monitoring the 2007 consent.
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### ODT Online Mon, 6 Feb 2017
Subdivision bid opposed
By David Loughrey
A plan to subdivide 260ha of rural Otago Peninsula land in an outstanding natural landscape area has run into serious opposition, as a resource consent bid heads for a March hearing. Groups from Forest and Bird to Save the Otago Peninsula (Stop), and individuals from peninsula tourism and accommodation businesses, as well as astronomers and archaeologists, have lined up to oppose the project. Land owner Steven Clearwater described opposition from property owners in the area as “nimbyism”. He said the farm on which the subdivision was planned had been dotted with farmhouses a century ago, and he wanted to protect his right to build there again. The project is the work of the Peninsula Holdings Trust, made up of property owners Steven and Jacqueline Clearwater and Brian Hailes. The trust has applied to the Dunedin City Council to subdivide the rural zoned land at 78 Cape Saunders Rd. The land has a capital value of almost $1.9million.
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“Allowing property owners to subdivide small parcels for residential use scattered around a large farm property is not in accordance with the expectations of either the district plan or proposed plan.” –Lianne Darby

### ODT Online Mon, 13 Feb 2017
City planner opposes subdivision
By Margot Taylor
An application to subdivide 260ha of Otago Peninsula land in an outstanding natural landscape has hit another hurdle with a planner’s report recommending the application be declined. Dunedin City Council planner Lianne Darby recommended the council decline the bid to subdivide a property at 78 Cape Saunders Rd, citing negative effects on the environment and the potential  “undesirable” precedents it could set for rural zoning if approved. […] If such a proposal  were approved, there could be a “major change” to the appearance and character of the land, she found. The subdivision, on an isthmus of land between Hoopers Inlet and Papanui Inlet and the northern slopes of Mt Charles, was also inconsistent with aspects of the district plan relating to sustainability, land fragmentation, rural productive worth, roading and landscape, the report found. She did not believe the proposal, which would create 10 new sites, on which consent was sought for residential activity on eight, was a sustainable use of the city’s physical and natural resources. The proposed sites would be between 2ha and 194ha.
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DCC Planner’s Report Pages 1-44
DCC Planner’s Report Pages 45-88

### ODT Online Wed, 8 Mar 2017
Papanui developer reduces sites plan
By David Loughrey
The developer of a subdivision on an Otago Peninsula isthmus has halved the number of houses planned for the site, surprising opponents ready to argue against the plan. Peninsula Holdings Trust came to a resource consent hearing in Dunedin yesterday with a proposal that reduced the number of houses in the outstanding natural landscape area from eight to four. Landowner Steven Clearwater told the hearing he had recently signed a conditional sale agreement for some of the land involved to nearby farmer. Plans for a covenanted area of wetland and a public walking track were withdrawn, after the buyer of the land made it “very clear” they were not to be offered. The change led hearing commissioner Colin Weatherall to adjourn the meeting after the trust made its submissions, allowing opponents time overnight to modify theirs.
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S U B D I V I S I O N ● A P P L I C A T I O N

Dunedin City Council
Non complying activity – 78 Cape Saunders Road – SUB-2016-58 & LUC-2016-336

Closed: 09/12/2016

Notification of Application for a Resource Consent – Under Section 93(2) of the Resource Management Act 1991.
The Dunedin City Council has received and notified the following application for Resource Consent:

Application description
Council has received an application to subdivide the above nine titles of 78 Cape Saunders Road into eleven lots and a balance parcel. The subdivision will create ten new sites of 2.0ha to 194ha. Eight of the new sites will be smaller than 15.0ha and are therefore considered to be undersized.
Land use consent is sought for new residential activity within proposed Landscape Building Platforms on Lots 1 to 2, 4 to 6, and 8 to 10. Lot 3 (38ha) has an existing quarry operation with an established dwelling. The amalgamated site of Lot 7 and 12 (194ha) will be a farming block with no dwelling, and will be subject to a covenant restricting all residential development of this site. The balance land of Part Lot 54 Papanui Maori Reserve Blk (residue CFR OT205/103) will be amalgamated with Lot 10.
The quarry operation will need to be reauthorised as it will be contained within a smaller site. It will be a discretionary (unrestricted) activity pursuant to Rule 6.5.6(v).
The subject sites are zoned Rural in the Dunedin City District Plan, and are within the Peninsula Coast Outstanding Landscape Area (Visually Recessive and Visually Prominent Areas). The general area is identified as being subject to land stability risks, and parts of the subject sites are potentially at risk to liquefaction.
Subdivision of a Rural-zoned site into lots smaller than 15.0ha is a non-complying activity pursuant to Rule 18.5.2 of the Dunedin City District Plan. The construction of buildings (dwellings) within a Landscape Building Platform is considered to be a controlled activity pursuant to Rule 14.6.1(a)(i). The proposed residential activity on those lots smaller than 15.0ha is also considered to be a non-complying activity pursuant to Rule 6.5.7(i).
The Proposed Second Generation District Plan (“the Proposed Plan”) was notified on 26 September 2016. Rules 16.7.4 (minimum site size for rural zones) and (assessment of subdivision performance standard contraventions – minimum site size) were given immediate legal effect pursuant to section 86D of the Resource Management Act 1991 at the time of notification. Accordingly, the Proposed Plan rules also need to be considered alongside the Dunedin City District Plan rules.
The subject sites are zoned Rural – Peninsula Coast in the Proposed Second Generation Plan, and are within the Peninsula Coast Outstanding Natural Landscape. There are land stability risks identified for this site. Parts of the subject sites are shown as Hazard 2 – Land Instability, and Hazard 3 – Coastal. The coastal edges of the property are shown as Coastal Environment and Archaeological Alert Layer. There is a Wahi Tupuna Site 36 – Poatiri (Mt Charles) on-site.
Rule 16.7.4 specifies a minimum site size of 40.0ha for lots created by subdivision in the Rural – Peninsula Coast zone. The proposed subdivision is therefore a non-complying activity pursuant to Rule The land use rules for the Rural zones are not yet in effect or operative.
The application is accompanied by Ecology, Landscape, Heritage, and Geotechnical Reports.

The submission period for this application has closed, and a hearing/decision is pending.

Consent number: Non complying activity – 78 Cape Saunders Road – SUB-2016-58 & LUC-2016-336
Name of applicant: The Peninsula Holding Trust
Location of site: 78 Cape Saunders Road, being that land held in Computer Freehold Registers 207075 (43.3047ha), 95918 (34.0552ha), 95919 (2004m2), OT15C/195 (20.5432ha), OT45/181 (5741m2), OT254/294 (18.2058ha), OT254/295 (20.8768ha), OT205/103 (102.9627ha), and OT11B/1033 (16.9917ha)
Address for service: The Peninsula Holding Trust, C/O Cubitt Consulting Ltd, 11 Bedford Street, Dunedin 9012

● Evidence tabled at the hearing
● Submitter Pre-Hearing Evidence
● Applicant’s Pre-Hearing Evidence
● Agenda
● Application documents
● Submissions
Go to http://www.dunedin.govt.nz/council-online/notified-resource-consents/notified-applications-pending/sub-2016-58-and-luc-2016-336

Download: Applicant’s Photographs

[screenshots – click to enlarge] *see Clearwater’s quarry at Lot 3

Site plans

Applicant’s tabled site plan which includes covenants

Applicant’s tabled revised plan for Lot 4

Posted by Elizabeth Kerr

This post is offered in the public interest.


Filed under Agriculture, Architecture, Business, Construction, DCC, Democracy, Design, District Plan, Dunedin, Economics, Geography, Heritage, Housing, Infrastructure, Media, Name, New Zealand, Ngai Tahu, People, Pet projects, Politics, Project management, Property, Proposed 2GP, Public interest, Resource management, Site, Tourism, Town planning, Travesty