Part 1 - Palmerston North City Council

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gemconsulting 5.2 Palmerston North City Council Due to the erosion in the ANZAC Cliff area the river has moved beyond the river channel as defined in the Palmerston North City District Plan (e.g. Water Recreation Zone and Flood Protection Zone) and now also runs through parts of an unformed road, the Residential Zone and the Conservation and Amenity Zone as defined in the Plan. Accordingly the proposed works will also take place within these zones, although they will be within the current river bed. The location of the proposed works in relation to the Palmerston North City zoning can be seen on Figure C contained within Appendix A attached to this report. 5.2.1 The Palmerston North City District Plan The proposed works will take place within several zones as defined in the Palmerston North City District Plan (the District Plan) as follows: Water Recreation Zone Flood Protection Zone Conservation and Amenity Zone Residential Zone In addition to the above zones, the works will also take place within the boundaries of an unformed road. Rule 24.3.1 of the Plan requires that all roads, whether constructed or not, shall be given an underlying zoning of the adjoining property. Therefore the unformed road will assume the zoning of the adjacent properties and in this instance will include all of the abovementioned zones. Water Recreation Zone The Water Recreation Zone has been established to cover the fresh water surface areas of the Manawatu River, and other rivers, located within the Palmerston North City boundary and is focussed on permitting recreational activities while controlling noise from such activities. The rules permit water related recreation activities and associated activities and minor temporary military training activities with all other activities deemed to be Discretionary Activities under Rule 15.6.6.1. However, under the explanation in Section 15.6.1 Objectives and Policies, the following is stated: Activities occurring on the riverbeds, or within the waterbody, are the responsibility of the Manawatu‐ Wanganui Regional Council and are not addressed in this District Plan. Activities which may disturb riverbeds in any way require a consent from the Manawatu‐Wanganui Regional Council. This statement provides a clear message that the District Plan does not address activities that take place in or on a river bed or within a waterbody. It is considered that the proposed works are works that will take place in and on the bed of the river as defined in the Act and are therefore a Regional Council matter and not of concerns to the Territorial Authority. Correspondence with the PNCC Senior Planner regarding this issue established that the PNCC considers that a resource consent from it is required, especially in respect of the Conservation and Amenity Zone and the Residential Zone. It is considered that resource consent from the PNCC is not required for the works within the Water Recreation Zone, however, if determined otherwise, sufficient information is provided within this assessment of environmental effects to enable a full assessment of the activities to determine consent. For the avoidance of any doubt a land use consent is sought, if required, under Rule 15.6.6.1 for the construction, use and maintenance of the flood and erosion control structures and any associated structures, as a Discretionary Activity. 12
gemconsulting Flood Protection Zone The Flood Protection Zone lies on land adjacent to the river and is generally defined by the river’s stopbanks or maximum flood flows. Rule 22.8.1.1 states: R 22.8.1.1 Permitted Activities The following activities are Permitted Activities: (i) (ii) (iii) (iv) Recreational activities. Grazing and cropping, including horticulture. Walkways, bridlepaths and cycleways. Soil conservation and river control works carried out or supervised by the Manawatu‐Wanganui Regional Council The proposed works and any future maintenance fall within (iv) Soil Conservation and River Control Works carried out or supervised by the MWRC, and are therefore deemed to be a Permitted Activity in this zone. Conservation and Amenity Zone The Conservation and Amenity Zone covers natural areas that have been identified as having high environmental or amenity values. The allotments containing both ANZAC Park and Pari Reserve are zoned Conservation and Amenity and small parts of the rock lining and gravel back fill will be located within the zone. In this zone the construction and development of flood protection works by the MWRC are provided for as a Discretionary Activity under Rule 15.5.7.2. This rule states: R 15.5.7.2 Construction, Development or Redevelopment of Flood Protection Works by the Manawatu‐Wanganui Regional Council The construction, development or redevelopment of Flood Protection Works or Structures by the Manawatu‐Wanganui Regional Council shall be a Discretionary Activity (Unrestricted). The structural maintenance of flood protection works is deemed to be a Controlled Activity in the Conservation and Amenity Zone under Rule 15.5.5.1 that states: R 15.5.5.1 Structural Maintenance of Flood Protection Works by the Manawatu‐Wanganui Regional Council Structural Maintenance of Flood Protection works or structures by the Manawatu‐Wanganui Regional Council are Controlled Activities with regard to: ‐ Effects on Adjoining Residential Areas; ‐ Effects on Conservation, Heritage, Scientific, and/or Amenity Values; ‐ Effects of Disturbance on Land Form; ‐ Disturbance of Flora and Fauna. Residential Zone The Residential Zone provides for residential and certain non‐residential activities throughout the City. A small portion of the proposed works will extend into the Residential Zone where it currently overlaps the active river channel. In the Residential Zone the construction and development of flood protection works by the MWRC are provided for as a Restricted Discretionary Activity under Rule 10.8.3.3. The rule states: 13
Page 1 and 2: good earth matters gemconsulting Ma
Page 3: APPLICATION FOR RESOURCE CONSENT Se
Page 7 and 8: gemconsulting TABLE OF CONTENTS 1 I
Page 9 and 10: gemconsulting 1 INTRODUCTION The Ma
Page 11 and 12: gemconsulting Some 400 metres of th
Page 13 and 14: gemconsulting take up to 150 workin
Page 15 and 16: gemconsulting 3.3 Monitoring and Ma
Page 17 and 18: gemconsulting 5 REGULATORY FRAMEWOR
Page 19: gemconsulting beaches which specifi
Page 23 and 24: gemconsulting 5.4 Objectives and Po
Page 25 and 26: gemconsulting The extent and nature
Page 27 and 28: gemconsulting Other sources of nois
Page 29 and 30: gemconsulting This natural characte
Page 31 and 32: gemconsulting It is considered that
Page 33 and 34: gemconsulting Policy 16.2 requires
Page 35 and 36: gemconsulting existing stop banks o
Page 37 and 38: gemconsulting Policy 8 This policy
Page 39 and 40: gemconsulting fish, will ensure tha
Page 41 and 42: gemconsulting The Attractive Commun
Page 43 and 44: gemconsulting The Mangaotane Stream
Page 45 and 46: gemconsulting 8 RESOURCE MANAGEMENT
Page 47 and 48: gemconsulting the significance
Page 49: gemconsulting Appendix A LOCATION P
Page 53: FIGURE B: LOCAL PARKS, RESERVES & W
Page 57: FIGURE D: LAND HOLDINGS WHERE WORKS

Part 1 - Palmerston North City Council

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