Tabled at the Dunedin City Council meeting on 29 June 2015:
Report – Council – 29/06/2015 (PDF, 129.2 KB)
2GP – Notification Pre-Approval
29 June 2015
2GP – NOTIFICATION PRE-APPROVAL
Department: City Development
1. This report seeks approval in principle to notify the second generation District Plan (2GP), ahead of the formal decision to notify the 2GP to be considered by the Council meeting scheduled for 21 September 2015.
2. The approval in principle is being sought to enable rates inserts informing ratepayers of the 2GP’s notification, to be printed and included in the first instalment of rates mail-outs scheduled for 31st July 2015. The details of the 2GP will not be released until Council approves notification of the 2GP.
3. Using the rates mail-outs to meet the requirements for public notice as set out in the First Schedule to the Resource Management Act 1991 (RMA), provides a significant cost saving to Council compared with separately sending letters to all ratepayers.
4. The decision to approve notification of the 2GP is primarily a procedural decision to allow the next stage of the Plan’s development to occur, which includes submissions and hearings. It should be based on councillors’ satisfaction that the plan has been developed to date in accordance with section 32 of the RMA.
a) Approves the inclusion of rates inserts informing ratepayers of the 2GP’s notification, scheduled for 26 September, based on a programmed date for a formal decision to notify to be considered by the Council meeting scheduled for 21 September 2015. This approval constitutes an approval in principle to notify the second generation District Plan.
5. The Dunedin City District Plan was initially notified on 24 July 1995, and revised and re-released on 19 July 1999, and became operative on 3 July 2006. The RMA requires district plans to be reviewed every 10 years. While some parts of the plan have been subject to rolling reviews and changes or were added later as new sections, this is the first full review of the district plan since the RMA. Hence, it is called the second generation district plan or 2GP for short. Relevant previous reports to Council on the 2GP include:
● 8 February 2012 – Planning and Environment Committee – Approval of the initiation of a District Plan review and preparation and notification of subsequent changes to the District Plan to develop a second generation District Plan.
● 4 September 2012 –Planning and Environment Committee -Noting the proposal for 2GP Issues and Options consultation and the information provided with regard to the role of councillors in that process.
● 23 April 2013 – Planning and Environment Committee:
a. Noting completion of the Issues and Options phase of the 2GP and updated programme for the preparation of the 2GP;
b. Approval of the programme, process and more detailed principles for Councillor involvement in the 2GP; and
c. Endorsing the recommendation regarding members of a technical advisory group for the 2GP.
2GP Notification Pre-Approval 1
● 24 July 2014 – Planning and Regulatory Committee – Noting the 2GP programme update.
6. The 2GP will be ready to enter its next phase of development – submissions and hearings after September. This phase is focused on providing the public with the opportunity to make formal submissions on the proposed plan (including the opportunity to make submissions on other people’s submissions). Submissions are summarised by staff and considered at hearings (where people can chose to speak to their submission), along with planners’ recommendations on the submissions. Decisions are then made on the submissions by the Hearings Committee.
7. This submissions and hearings phase is a formal consultation phase that follows from the significant community engagement that has taken place as part of the Plan’s development through the Issues and Options and Preferred Options phases, and earlier through the Spatial Plan.
8. The legal requirements for public notification of a proposed District Plan are set out in Schedule 1 to the RMA.
9. Pursuant to Clause 5 of Schedule 1 to the RMA, not earlier than 60 working days before public notification or later than 10 working days after public notification, all ratepayers must be sent a public notice which details where the 2GP can inspected and how submissions can be made. This could be achieved by mailing letters to ratepayers, or including a rates insert with rate demands.
10. Public notice mail-outs are only one of the legal requirements for public notification in Schedule 1. In addition to the legal requirements for public notice, a broad communication strategy is being developed with the Marketing and Communications team that will use different types of media and a ‘shop front’ to inform people of the Plan and help them understand how to make submissions. Submissions under the RMA are required to be in a prescribed form, which is set out in the RMA (Form 5).
11. The next date for the rates notices mail-outs commences on 31 July 2015, with the printed rates inserts needing to be printed and sent to Christchurch by 23 July 2015. Further mail-outs for the same rating period follow on 7th and 21st August 2015.
12. Including the public notification of the 2GP with rates mail-outs will save approximately $40,000 compared to a separate mail-out.
13. If approval in principle is not given at this point the options are:
a. Option A: Waiting until after the September meeting and (presuming the decision is to notify and aligning the public notice to the next available rates mail-out timetable. This would mean a notification date of mid-November, which due to Christmas, would not only delay the process significantly but create a much less convenient submission period for the public. It would also mean hearings are very unlikely to be completed prior to the local body elections, which is likely to create cost and logistical problems, as well as inconvenience submitters and delay the Plan becoming operative.
b. Option B: Undertaking a separate mail-out immediately after the 26th of September (presuming the decision is to notify), which would require approximately $40,000 in additional budget for the 2GP.
c. Option C: Delaying the decision to notify until after September which would have the disadvantages of Option A and potentially also Option B, depending on the revised timing.
14. Prepare the public notification information for the rates insert, and mail-out to ratepayers.
15. Request approval of notification of the 2GP at the Council meeting scheduled for 21 September 2015.
Author/s: Dr Anna Johnson, City Development Manager
Authoriser/s: Nicola Pinfold, Group Manager Community and Planning; Simon Pickford, General Manager Services and Development
SUMMARY OF CONSIDERATIONS
Fit with purpose of Local Government
This decision relates to providing a regulatory function and it is considered good-quality and cost-effective.
Fit with strategic framework
[Contributes / Detracts / Not applicable]
Social Wellbeing Strategy [Contributes]
Economic Development Strategy [Contributes]
Environment Strategy [Contributes]
Arts and Culture Strategy [Contributes]
3 Waters Strategy [Contributes]
Spatial Plan [Contributes]
Integrated Transport Strategy [Contributes]
Parks and Recreation Strategy [Contributes]
Other strategic projects/policies/plans [Contributes]
The District Plan manages land use activities throughout Dunedin, and is Council’s principal policy document for enabling land use development envisaged by the various strategies of Council.
Māori Impact Statement
In accordance with Clause 3 of the First Schedule to the RMA, tangata whenua of the area who may be affected have been consulted with.
Sustainable management is a fundamental principle of the RMA, and the 2GP is being developed in accordance with this principle.
LTP/Annual Plan / Financial Strategy
There are no implications.
If notification of the 2GP cannot be aligned with rates notices mail-outs, this will add approximately $40,000 in notification costs.
The decision to approve notification of the 2GP is primarily a procedural decision to allow the next stage of the Plan’s development to occur, which includes submissions and hearings. It should be based on councillors consideration that the plan has been developed to date in accordance with section 32 of the RMA.
Engagement – internal
No but consultation with internal departments on the 2GP has been significant and is ongoing.
Engagement – external
No but there has been significant consultation as part of the development of the 2GP, starting from initial consultation on RMA-related issues through the ‘Your City, Our Future’ and Spatial Plan consultation; continuing through the ‘Issues and Options’, ‘Preferred Options’ phases, including a separate process for natural hazards provisions consultation. Consultation with key stakeholders through reference groups and individual discussion has been on-going. Specific consultation with individuals with more significant proposed changes in planning provisions has also occurred.
Risks: Legal / Health and Safety / Conflict of Interest etc.
There are no legal, health and safety, or conflict of interest risks associated with making this decision.
The Community Boards have been consulted with as the 2GP has developed, and will be given briefings ahead of public notification.
Posted by Elizabeth Kerr