I enclose on behalf of Waitemata District Health Board a submission relating to designation provisions in relation to the proposed Amendment Bill.

Transcription

1 I RESOURCEMANAGEMENT AND TOWN PLANNING CONSULTANTS JoHN CHILDS CONSULTANTS LTD I? O. BOX AUCKLAND 1352 File: North Shore Hospital RMA Correspondence 3 April 2009 Committee Secretary, Local Government and Environment Select Committee Attention: Pavan Sharma Dear Madam Re: Submission on Resource Management Amendment Bill I enclose on behalf of Waitemata District Health Board a submission relating to designation provisions in relation to the proposed Amendment Bill. Should you require any further information please do not hesitate to contact me. Yours faithfully Jo~n Childs enci JOHN CHILDS B.A.llons.. Dip.T.P. M.N.Z.P.I. M.P.I.A. M.P.I.N.Z TELEPHONE/ FAX OFFICE MOBILE I/37 LLOYD AVENUE john.childs@xtra.co.nz MT ALBERT

2 Page 2 of 5 I RESOURCE MANAGEMENT AND TOWN PLANNING CONSULTANTS RESOURCE MANAGEMENT ACT AND NORTH SHORE HOSPITAL JOHN CHILDS CONSULTANTS LTD E O. BOX AUCKLAND INTRODUCTION The North Shore Hospital site is subject to a Special Health Zone in the North Shore City District Plan. This defines the activities and ruies for the site in association with a Concept Plan. This zoning is inadequate in dealing with developments required on the site. This is because the thresholds for resource consent are low. These are a) Any new building over two storeys or additions over 50m2 and / Or. b) A tumover of vehicles which is above 100 vehicles per day. In addition the height rules do not provide for the completion of the tower block. This has resulted in a costly Private Plan Change application which has not been notified as it has become bogged down by traffic modelling studies and associated traffic investigations. As a result the Private Plan Change process has been delayed over two years. 2.0 TOWN AND COUNTRY PLANNING ACT 1977 Under this legislation public hospital sites were normally designated as they were public works. This was on the basis that they were financed by public money i.e. appropriated by parliament (Section 116). The designation particularly in its early stages merely described the site and the use i.e. "North Shore Hospital public hospital" Planning permission followed an Outline Plan of works process. This required a Hospital Board in those days to subrnit plans to the relevant City or Borough Council showing the height, shape and bulk of the works, its location on the site, the likely finished contour of the site (vehicular access and circulation and landscaping provisions). JOHN CHILDS B.A.Hons Dip.T.P. M.N.Z.RI. M.P.[.A. M.P.l.N.Z. TELEPHONE / FAX MOBILE john.childsigxtra.co.nz OFFICE 1/37 LLOYD AVENUE MT ALBERT Prepared by John Childs Town Planner & Resource Management Consultant

3 Page 3 of 5 North Shore Hospital RMA Page 2 of4 The Council had to respond to the information within one month as to whether it required any changes to the proposal. There were appeal rights if the changes were not acceptable. There was no public involvement and from my direct experience it worked well. 3.0 RESOURCE MANAGEMENT ACT 1991 Under this Act the rights to designate are limited to "requiring authorities" which are limited by Section 166. (a) (b) (c) A Minister of the Crown A local authority A network utility operator approved as a requiring authority under Section 167. As l understand it hospital sites were initially vested in Crown Health Enterprises and later District Health Boards, as a result the right to designate disappeared. The basis for this was that the Minister of Health although responsible for the public health budget did not have "financial responsibility" for any works on District Health Board land. As a result designations for hospital sites lapsed when a district plan prepared under the Resource Management Act becarne operative. The resultant need to zone public hospital sites has required rafts of activity provisions and rules. When compared with the previous outline plan process they are cumbersome and with North Shore Hospital site require costly and time consuming resource consents. Also as discussed above they are frustrating the ability to complete the Tower Block on the site. 4.0 RESOURCE MANAGEMENT (SIMPLIFYlNG AND STREAMLINING) AMENDMENT BILL This proposed legislation creates the opportunity to deal with this matter. It would require various changes to the Act. 1. in Section 166 "Meaning of "designation "network utility operator" and "requiring authority" Under the heading "Requiring Authority" add as follows Prepared by John Childs Town Planner 8. Resource Management Consultant Prepared by John Childs Town Planner & Resource Management Consultant

4 Page 4 of 5 North Shore Hospital RMA Page 3 of4 Requiring authority means (a) (b) (c) (d) A Minister of the Crown; or A local authority; or A network utility operator approved as a requiring authority under Section 167; or A District Health Board, 2. It may need other consequential changes i.e. to Section 168 (Notice of Requirement to Territorial Authority). 5.0 IMPLICATIONS OF THIS CHANGE The change if it is accepted by the Select Committee and Parliament will allow a District Health Board to designate land by way of serving a notice of requirement on the Council. This follows a similar process as a Plan Change i.e. rules, plans, environmental assessment. The application is notified for submissions by the Council and a decision made by the Council. There are rights of appeal to the decision. Once the process is complete the designation and requirements associated with are specified in the District Plan. In relation to North Shore City much of the work has been done through the Plan Change application to use for a notice of requirement. Once the designation is in place the Outline Process applies it is similar to the Town and Country Planning Act 1977 i.e. the Board submits a plan showing a) The height, shape, and bulk of the public work, project, or work; and b) The location on the site of the public work, project, or work; and c) The likely finished contour of the site; and d) The vehicular access, circulation, and the provision for parking; and e) The landscaping proposed and Any other matters to avoid, remedy, or mitigate any adverse effects on the environment. (Section 176A) Prepared by John Childs Town Planner & Resource Management Consultant Prepared by John Childs Town Planner & Resource Management Consultant

5 Page 5 of 5 North Shore Hospital RMA Page 4 of 4 The Council has 20 days to comment and request changes to the Plan. There is no other public involvement. There is a right of appeal on any changes that are not acceptable. 6, CONCLUSION The right of District Plans to designate hospital and other public health sites under the Resource Management Act 1991 should be provided for. The Amendment Bill provides the potential to achieve this. Once a designation is in place a relatively simple Council process through an outline plan is required. It replaces the current resource consent procedure. John Childs 20 March Prepared by John Childs Town Planner & Resource Management Consultant Prepared by John Childs Town Planner & Resource Management Consultant

6 JOHN CHILDS TOWN PLANNING, RESOURCE MANAGEMENT & PROPERTY CONSULTANT QUALIFICATIONS: EXPERIENCE: B A Honours; Dip. T.P.; F.N.Z.P.l; (Town Planning) MP I.N.Z. (Property), M.A.P.I. (Australian Planning Institute) 38 years in town planning and related fields. 1) Resource Management, Town Planning and Property Consultant; on o wn account since January Responsibilities include planning consultant to; Two District Health Boards Various development company's etc Planning Commissioner including: Rodney District Council Chair of one of the Resource Consents Hearings Panel North Shore City Council Waitakere City Council Whangarei District Council Work Experience Includes: Residential Projects including: Broadway Park Newmarket (432 Units) Central Area Auckland City Quay West Development, Albert Street ASB Head Office

7 John Childs, Town Planner & Resource Management Consultant Curriculum Vitae Page 2 of 6 MiCrosoft House, Wyndham Street Seamart Site Various residential developments Several Parking Buildings, Auckland Central Retail Milford and Highpoint Shopping Centres Dressmart, Onehunga Red Beach Shopping Centre Redevelopment Devonport Wharf Fraser Cove Tauranga Other Commercial Central Park, Penrose Pacific Business Park Coastal Developments Planning Consultant Owners Puketutu Island Subdivision in Long Bay, Coromandel Several houses, Waiheke Island Devonport Wharf Extensions, Blockhouse Bay and Glendowie Boating Clubs Health/Hospitals Redevelopment, Middlemore, Waitakere and North Shore Hospitals Mason Clinic, Point Chevalier

8 John Childs, Town Planner & Resource Management Consultant Curriculum Vitae Page 3 of 6 New Laboratory and Parking Building, Auckland Hospital Ascot Clinic, Greenlane Various new Churches Educational Facilities School of Philosophy, Mt Eden Extensions, Dilworth School Various developments Rangitoto College St Cuthberts College Preschool Facilities Sporting Millennium Centre, Albany Rezoning, Carlaw Park Formosa Country Club, Beachlands Heritage Additions, Grafton Bridge Bluestone Store, Auckland Central Windsor Castle Hotel Parnell South British Building Auckland Central Retirement Accommodation etc Northern Masonic Site, Queenstown Road, Auckland City Several Pensioner housing redevelopment projects, Auckland City Council blocks Masonic Village Rotorua

9 John Childs, Town Planner & Resource Management Consultant Curriculum Vitae Page 4 of 6 Other Eastcliffe Retirement Complex (later stages) Barrack Road Mt Wellington Redevelopment Edenvale Home Mount Eden. Eastcliffe Retirement Village Glen Innes Ranfurly Retirement Village Three Kings Avondale Police Station Planning Consultant Outline Plan Auckland Regional Women's Correction facility East Coast Bays RSA Numerous applications for Telecom 2) Property Manager, Auckland Area Health Board 2.5 years Responsible for the Board's Property Portfolio and Town Planning matters. 3) Principal Town Planner, Worley Group, Auckland 3 years Relevant experience; Resource consents / submissions, expert evidence etc for a variety of public and private companies. Planning Consultant to America's Cup Planning Authority Westhaven Marina Extensions, Viaduct Basin and Okahu Landing Marina. 4) Principal Planner, A uckland City Council 11 years

10 John Childs, Town Planner & Resource Management Consultant Curriculum Vitae Page 5 of 6 Including: Processing notices of requirement and designations District Plan Review Administration of the City's District Scheme ( ) 5) To wn Planning Officer, Birkenhead Borough Council 2 years ) Planning Officer, A uckland City Council 3.5 years OTHER MATTERS Past President, New Zealand Planning Institute. Member of the executive for 11 years. Past President, Auckland Planning Group Past President, Waitemata Toastmasters' Club Member Resource Management Law Association Member Auckland Chamber of Commerce Past Chairman Landscape Architecture Advisory Committee, Unitech Member Regulatory Review Group on Resource Consent Processes Auckland City Council = Making Good Decisions Certificate/Chairing Endorsement Ministry for the Environment. Citizens Award Mt Eden Community Board ADDRESS P.O. Box Auckland 1352 TELEPHONE/FAX (09)

11 John Childs, Town Planner & Resource Management Consultant Curriculum Vitae Page 6 of 6 john.childs@xtra.co.nz