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Part 1 - Palmerston North City Council

Part 1 - Palmerston North City Council

Part 1 - Palmerston North City Council

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gemconsulting<br />

5.2 <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong><br />

Due to the erosion in the ANZAC Cliff area the river has moved beyond the river channel as defined in the<br />

<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> District Plan (e.g. Water Recreation Zone and Flood Protection Zone) and now also<br />

runs through parts of an unformed road, the Residential Zone and the Conservation and Amenity Zone as<br />

defined in the Plan. Accordingly the proposed works will also take place within these zones, although they<br />

will be within the current river bed. The location of the proposed works in relation to the <strong>Palmerston</strong> <strong>North</strong><br />

<strong>City</strong> zoning can be seen on Figure C contained within Appendix A attached to this report.<br />

5.2.1 The <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> District Plan<br />

The proposed works will take place within several zones as defined in the <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> District<br />

Plan (the District Plan) as follows:<br />

<br />

<br />

<br />

<br />

Water Recreation Zone<br />

Flood Protection Zone<br />

Conservation and Amenity Zone<br />

Residential Zone<br />

In addition to the above zones, the works will also take place within the boundaries of an unformed road.<br />

Rule 24.3.1 of the Plan requires that all roads, whether constructed or not, shall be given an underlying<br />

zoning of the adjoining property. Therefore the unformed road will assume the zoning of the adjacent<br />

properties and in this instance will include all of the abovementioned zones.<br />

Water Recreation Zone<br />

The Water Recreation Zone has been established to cover the fresh water surface areas of the Manawatu<br />

River, and other rivers, located within the <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> boundary and is focussed on permitting<br />

recreational activities while controlling noise from such activities. The rules permit water related recreation<br />

activities and associated activities and minor temporary military training activities with all other activities<br />

deemed to be Discretionary Activities under Rule 15.6.6.1.<br />

However, under the explanation in Section 15.6.1 Objectives and Policies, the following is stated:<br />

Activities occurring on the riverbeds, or within the waterbody, are the responsibility of the Manawatu‐<br />

Wanganui Regional <strong>Council</strong> and are not addressed in this District Plan. Activities which may disturb<br />

riverbeds in any way require a consent from the Manawatu‐Wanganui Regional <strong>Council</strong>.<br />

This statement provides a clear message that the District Plan does not address activities that take place in<br />

or on a river bed or within a waterbody. It is considered that the proposed works are works that will take<br />

place in and on the bed of the river as defined in the Act and are therefore a Regional <strong>Council</strong> matter and<br />

not of concerns to the Territorial Authority.<br />

Correspondence with the PNCC Senior Planner regarding this issue established that the PNCC considers that<br />

a resource consent from it is required, especially in respect of the Conservation and Amenity Zone and the<br />

Residential Zone.<br />

It is considered that resource consent from the PNCC is not required for the works within the Water<br />

Recreation Zone, however, if determined otherwise, sufficient information is provided within this<br />

assessment of environmental effects to enable a full assessment of the activities to determine consent.<br />

For the avoidance of any doubt a land use consent is sought, if required, under Rule 15.6.6.1 for the<br />

construction, use and maintenance of the flood and erosion control structures and any associated<br />

structures, as a Discretionary Activity.<br />

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