Proposed Variation No. 33 Page 1 TASMAN DISTRICT COUNCIL
PROPOSED TASMAN RESOURCE MANAGEMENT PLAN
PROPOSED VARIATION NO. 33
Land Disturbance in the Coastal Environment
Notified 20 December 2003
EXPLANATORY STATEMENT
Proposed Variation No. 33 amends Part II of the Proposed Tasman Resource Management Plan to introduce additional controls on forms of land disturbance including vegetation removal in the Coastal Environment Area, and additional controls over development in the area of the Kina – Ruby Bay cliffs.
The Council has in the past two years considered the potential effects of development pressures on coastal settings in the District, including visual landscape, sediment movement, biodiversity reduction, and natural hazards associated with land disturbance activities, including vegetation removal, soil disturbance and earthworks. A specific coastal Tasman area earthworks control was introduced by Proposed Variation 25 on 7 September 2002 affecting the Kina – Ruby Bay cliffs.
Proposed Variation 33 incorporates and extends Variation 25.
Council has proposed Variation 33 to address in the Coastal Environment Area:
The need for policy to manage effects of land disturbance on landscape character and rural amenity value.
The regulation of destruction or removal of woody indigenous vegetation.
The regulation of earthworks having a potential adverse effect on publicly visible landscapes.
In the Kina – Ruby Bay cliffs area, the need to extend the current control on modification of the cliffline over the southern parts of this feature.
In the Kina – Ruby Bay cliffs area, the need to extend the Slope Instability Risk Area to provide for geotechnical reporting for proposed dwellings or subdivision to manage the risk for development of cliff-top failure or cliff-toe deposition.
The present variation is an interim planning action, pending the results of a coastal landscape character investigation. Further review of the values, risks and management methods for the coastal environment will follow this further work.
Council reports EP03/11/10, EP03/05/12, EP03/04/03 and EP02/09/15 collectively document the Council’s assessment of the issues and management options in this situation in compliance with its duties under Section 32 of the Resource Management Act 1991 to have assessed the effectiveness and efficiency of management options in achieving the purpose of the Act.
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AMENDMENTS
The Proposed Tasman Resource Management Plan is amended in accordance with the following schedule:
1. CHAPTER 8
1.1 In Issue 8.2, replace the word “land” in the fourth line of the second paragraph with:
“earthworks and building”.
1.2 In Policy 8.2.3, insert after the expression: “natural character”: “, landscape character and amenity values”
1.3 In Policy 8.2.6, insert after the expression: “natural character”: “, landscape character”
1.4 In 8.2.20(a)(ii), insert after “water margins”: “and in the Coastal Environment Area”.
2. CHAPTER 9
2.1 Insert after Policy 9.1.7:
Policy 9.1.7A
To ensure that land disturbance including vegetation removal and earthworks does not adversely affect landscape character and rural amenity value in the Coastal Environment Area in locations of public visibility, particularly where there are distinctive natural landforms.
3. CHAPTER 17
3.1 In Rules 17.4.9A(c)(iii) [Rural 1 Zone], 17.5.9A(c)(iii) [Rural 2 Zone], and 17.6.7A(c)(iii) [Rural Residential Zone], replace ”coastal shrublands” with: “woody indigenous vegetation”.
3.2 In Rules 17.4.10 [Rural 1 Zone], 17.5.10 [Rural 2 Zone], and 17.6.8 [Rural Residential Zone], insert after condition (a):
(aa) The site is outside the Coastal Environment Area
4. CHAPTER 18
4.1 In Rule 18.6.2 [Land Disturbance Area 1], insert after condition (i):
(ia) No earthworks is undertaken within 200 metres of the coastal marine area, that is:
(i) more than 1000 square metres in area, within any 12-month period; and either
(ii) in a location that is visible from the coastal marine area or from any publicly accessible viewing point; or
(iii) in a location adjoining any area with nationally or internationally important natural ecosystem values listed in Schedule 25.1F.
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(ib) No earthworks is undertaken within 200 metres of the coastal marine area that changes by excavation or deposition the height of any ridgeline or cliffline identified on the planning maps.
4.2 In Rule 18.6.6 [Land Disturbance Area 1], insert after Matter (29):
Additional Matters for Earthworks within 200 metres of the Coastal Marine Area
(30) Effects on the landscape character, natural character and amenity value of the locality, having regard to:
(a) natural features and distinctive natural landforms;
(b) landscape and seascape values;
(c) significant natural values;
(d) the nature of any existing development.
4.3 In each of Rules 18.6.7 and 18.6.9 [Land Disturbance Area 2], insert after condition (i):
Earthworks
(ia) No earthworks is undertaken within 200 metres of the coastal marine area, that is:
(i) more than 1000 square metres in area, within any 12-month period; and either
(ii) in a location that is visible from the coastal marine area or from any publicly accessible viewing point; or
(iii) in a location adjoining any area with nationally or internationally important natural ecosystem values listed in Schedule 25.1F.
(ib) No earthworks is undertaken within 200 metres of the coastal marine area that changes by excavation or deposition the height of any ridgeline or cliffline identified on the planning maps.
4.4 In Rule 18.6.10 [Land Disturbance Area 2] insert after Matter (28):
Additional matters for Earthworks within 200 metres of the Coastal Marine Area
(29) Effects on the landscape character, natural character and amenity value of the locality, having regard to:
(a) natural features and distinctive natural landforms;
(b) landscape and seascape values;
(c) significant natural values;
(d) the nature of any existing development.
4.5 In Rule 18.14.2, delete condition (d).
4.6 Delete Rule 18.14.2A.
4.7 Amend in Section 18.15 [Slope Instability Hazard Area] and elsewhere in the Plan the expression “Slope Instability Hazard Area”, wherever it occurs, to: “Slope Instability Risk Area”.
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4.8 Delete Rule 18.15.4 and replace with the following:
Any subdivision in the Slope Instability Risk Area is a discretionary activity if it complies with the following standards and terms:
(a) Subject to condition (b), the subdivider obtains a report from an appropriately competent person in geotechnical engineering, and the report:
(i) identifies on each proposed allotment an area within which a building site can be located (subject to measures specified under (iii)); and
(ii) states that (subject to measures specified under (iii)) any development of:
- a building site within each proposed allotment, and - access to each site,
will not be likely to result in nor contribute to damage to:
- any building or access, or
- any adjoining property within or adjoining the Slope Instability Risk Area, arising from slope instability during the useful life of the work; and
(iii) Specifies any conditions that should apply in relation to building location, design, or construction, and to access to each site, that if met will be adequate to avoid any damage to the proposed work or to any adjoining property, arising from slope instability.
(b) Subdivision by means of the relocation or adjustment of an allotment boundary need not comply with condition (a) if there is no building site that is to be located within any area of land included in any allotment as a result of the boundary relocation or adjustment.
A resource consent is required. Consent may be refused, or conditions imposed, only in respect of the following matter to which the Council has restricted its discretion:
(1) The risk of slope instability.
Note: The provision of a report or information on geological hazards for any subdivision proposal under Section 16.3 (subdivision in all zones) (by virtue of Rule 19.2.2(k)) or as required by Rule 18.15.4 (subdivision in the Slope Instability Risk Area) will be a means of compliance with Rule 16.9.2(b) (permitted buildings in relation to active fault lines) if the report or information addresses the matter of the existence of the trace of the surface expression of any active fault, in relation to any proposed building site.
5. PLANNING MAPS
5.1 Insert on Area Maps 54, 85, 86, and 87 an additional location for the Slope Instability Risk Area as shown on the attached maps.
