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History
March 2010
The Environment Court decides that Hill Country Corporation Ltd (HCCL) must pay the Hastings District Council (HDC) the $291,839 that the Council incurred on HCCL's behalf for having the Hill Country Private Plan Change (PC45) reviewed as part of the planning process for their Private Plan Change.
November 2009
HCCL disagree with the Independent Commissioner decision that HCCL must pay the Council for the costs incurred in the planning process. HCCL had only paid an initial fee of $4,500 and they owed the Council the balance of $287,000. These costs had been previously paid for by the public as ratepayers, and the Council was seeking to recover these costs.
September 2009
An Independent Commissioner appointed by the Environment Court dissallows the HCCL objection and rules that HCCL must pay the HDC for the costs of reviewing the planning reports required for PC 45.
October 2008
HCCL formally withdraws PC 45, its application for a village of 1,000 houses, Village Center Commercial Service area, rural, rural Equestrian Park (with cluster housing), and the Predator Proof Fence area which would still have allowed sub division inside the fenced area at Ocean Beach.
The planning reports were in draft and not yet finalised.
October 2008
HCCL asks HDC for the draft planning reports as completed to date as required for the review of PC 45. The HDC accordingly releases the draft reports and makes them available to the public. These reports are now public information and can be obtained from the HDC (if requesting copies ask for the MWH Peer Review Reports on PC 45.)
May 2008
The HDC advised HCCL that the rough order of costs for the MWH consulting work would be $254,500 plus gst (i.e.$286,000).
August 2007
MWH commence their work and prepare the reports required by HDC and the RMA as part of the Private Plan process.
July 2007
MWH NZ Ltd (an engineering and environmental consulting firm) was appointed by the HDC to review the reports submitted by HCCL for its Private Plan Change at Ocean Beach.
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Plan Change 38
19 November 2009
The HDC (Development and Environment Committee) approves PC 38. PC 38 was originally notified on 18 November 2006, with hearings on 10 September 2008, and the HDC decision was publically notified on 25 October 2008.
6 October 2009
HCCL advise the Environment Court that following the mediation meeting in August 2009 they are now withdrawing their objection to PC 38.
8 December 2008
HCCL object to the HDC PC 38 which sought to give the HDC more discretion over sub division and development in the rural coastal environemnt within the Hastings District.
Hill Country Corporation Ltd and associated landowners have contested the HDC Plan Change 38 decision, and they seek a special exemption from Plan Change 38 for their land at Ocean Beach.
Future Ocean Beach Trust submitted in support of the original HDC Plan Change, and we continue to support Plan Change 38. We will be calling expert landscape and heritage witness evidence as part of the FOB submission to the Environment Court.
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December 2007
The Hill Country Corp Ltd. Proposed Plan Change 45 Ocean Beach has been notified. The Plan Change includes 1,000 houses, Village Center Commercial Service area, rural, rural Equestrian Park (with cluster housing), and the Predator Proof Fence area which still allows for sub division, for more information on the Plan Change go to http://www.hastingsdc.govt.nz/planchanges/45/index.htm or go to our home page for help in how to submit.
Private Submissions to the Independent Commissioners are due by 4:30pm on Friday the 29th of February 2008.
As a result of the private plan change being lodged by Hill Country Corp. Ltd. the HDC decided to finalise its Structure Plan for Ocean Beach, but not process its own Plan Change at this time. HDC has chosen to wait and see what happens with the private plan change first.
More Detail On the Background of Previous Meetings which led to this decision
On 14 December 2006, a Draft Structure Plan was put before the Councillors to release for public and stakeholders comments. This Draft Structure Plan was different to the 4 options previously discussed in the Issues and Options Paper. It had 469 house sites and included a subdivision on the Haupouri Flats.The Draft Structure Plan submitted in December 2006 did not take into account the public sentiment for less development.
The majority of Councillors, led by Mick Lester, required that the Draft Structure Plan of December 2006 be amended to remove the Haupouri Flats area from potential subdivision development. “It was noted by individual Councillors that the Haupouri Flats provided an important foreground view to the northern part of Ocean Beach, the main beach area, and also added to the wilderness experience of Ocean Beach in general.” It was noted by Councillor Dinah Williams that written public comments had been overwhelmingly against any major development. Councillor Keriana Poulain reminded the Mayor and Councillors that they had been voted into their positions to represent the people of Hawkes Bay, and the people had overwhelmingly submitted against any major development.
On 8 Feb 2007 another Council meeting was held, and the Proposed Plan Change with this amendment to keep the Haupouri Flats in the current rural zone was adopted. This Current Draft Plan Change has 286 house sites and it is almost double the size of the previous Intermediate Option which was 150.
How did this all start again?
The Hastings District Council’s decision to initiate a Variation to the Proposed District Plan is based in part on a decision from an earlier proposal by Donloben Properties Ltd to establish a new residential development at Ocean Beach.
This proposal was not approved by the Hearings Commissioners decision on 8 March 2000 because:
"(a) the essential element of legal access from the south is not yet available;
(b) the proposed rules designed to protect the undertakings and amenities referred to in evidence do not have the certainty of outcome that we desire."
Furthermore, the commissioners also found it is desirable that the rezoning should only take place if it recognizes and incorporates the existing settlement at Ocean Beach.
For any further substantial residential development to proceed at Ocean Beach the land must be rezoned. The HDC Plan Change is intended as a way to prevent ad hoc development along the full length of Ocean Beach.
The Ocean Beach Open Spaces Technical Report forms part of the preparation for the Plan Change process. This report summarizes important background information, commissioned reports and statutory documents that contribute to the Plan Change. This document includes:
Coastal Environment Study Report 1995
"If not properly appropriately contained, residential development could threaten the wild and open space character of currently unmodified sections of coastline adjoining settlements such as Ocean Beach."
Isthmus ‘Outstanding Landscapes’ Report 1995
The purpose of this report was to provide background information on the District’s landscapes; and to select ‘outstanding natural features and landscapes’, identify what makes them significant; and identify activities that may compromise their qualities.
Assessment of Available Methods and District Plan Provisions This report recommends that the District Plan contain rules to protect the landscape significance of SLCA’s.
New Zealand Coastal Policy Statement 1994
This Policy Statement requires policies to achieve the sustainable management of natural and physical resources in relation to the coastal environment of New Zealand.
Regional Coastal Plan
This plan relates to land below the high tide mark and coastal waters.
Ocean Beach Strategy and Structure Plan, 1999
This report advocated preservation of the dramatic entry point to the beach, and limited development sympathetic to the dominant natural features of beach dunes, steep coastal slopes, valleys and ridges which give Ocean Beach its special character.
Hastings Coastal Environment Strategy
"To promote Ocean Beach as a special place and use the areas natural assets as the foundation for guiding conservation land use and development”.
Area specific objectives include:
- Maintain and enhance the sense of wilderness and remote open space of the Ocean Beach coastal environment in recognition of the natural character,landscape and social/cultural values.
- Maintain and enhance public access to an along the coastal marine area except where this adversely impacts on natural character and tangata whenua values.
- Maintain and enhance the special character and recreation value of Ocean Beach as analternative recreation experience. While recommendations were made for limited residential development near the Waipuka Streamarea, Ocean Beach was not included as one of the 9coastal are as suitable for and significanturban growth.
Ocean Beach Submission Evidence
Some submitters involved were:
Hastings District Council Maori Advisory Standing Committee requested that there be no residential development at Ocean Beach.
Rachel De Lambert argued that some form of sensitive development was appropriate in this location and that it could provide the opportunity for both protecting and enhancing the natural character and landscape values of the locality.
Warren Gumbley provided a summary of historical archaeological evidence relating to the wider Ocean Beach. Given the wealth of artefacts remaining in this area, Gumbley recommends that all efforts be made to avoid modification to the certain areas.
Council was also aware of tangata whenua as a key stakeholder and their rights of kaitiakitanga at Ocean Beach. Sufficient consultation about the proposed subdivision had not occurred.
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