Plan Change 49—Open Spaces
Current Status: The appeal period closed on 18 November 2024. One appeal was received - details are in the table below.
October 2024
At Ordinary Council on 25 September 2024, Council resolved to adopt all of the Independent Hearing Panel's recommendations on PC49 and Variation 1.
The panel recommendation report can be found below in the table. This decision was formally notified in The Post and on our website on 4 October 2024. The plan change entered a 30 working day appeals period, closing on 18 November 2024.
Please see the public notice(PDF, 108KB) for more information about the appeals process.
May 2024
As per minute #12, the hearing was closed on 5 June 2024. The Panel now moves into its deliberative phase. This will conclude with the Panel providing written recommendations to Council for its consideration.
To watch the recording of the reconvened hearing (3 April) - please follow this link
To view the recordings of the initial hearing held in November 2023, please go to this page
Variation 1 to proposed Plan Change 49 - Silverstream Spur
In 2021 we carried out a review of the open space topic of our operative District Plan (2004). It was called Plan Change 49 - Open Spaces (PC49) and is part of our rolling review of the District Plan. It was informed by the research we've undertaken over the last few years, which included consultation with landowners, groups and clubs. PC49 was publicly notified on 11 August 2021.
While the Silverstream Spur wasn’t originally part of PC49 when we consulted in 2021, there is now greater certainty that the site will remain in public ownership, and we are able to revisit a possible rezoning of the Silverstream Spur.
To do this an additional step called a variation is required.
Consultation for Variation 1 to Plan Change 49 closed on 4 November 2022, and we received 94 submissions.
Further submissions closed on 22 February 2023. Scroll down for more information, including the background of the plan change and the initial consultation.
CONSULTATION 2022
The PC49 Variation Proposal
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Rezone the Silverstream Spur from a mix of Rural Hill Zone and Residential Conservation Zone to Natural Open Space.
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Protect identified significant natural areas on the Silverstream Spur from development.
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Enable site-specific provisions for infrastructure, including a transport corridor.
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The proposed site-specific provisions would provide access to the Silverstream Spur for a range of recreation, conservation and customary purposes, as well as potential future access to the Southern Growth Area.
Next Steps
Check the proposed zoning and read through the supporting information in the Notification section below.
Kōrero with us
- We held a public Zoom session on 17 October where members of the public were able to ask their questions. A recording of the session can be found here: PC49 Public Q & A Zoom Session
Stage |
Status |
Documents |
Appeal |
One appeal was made to the Environment Court |
Appeal from Guildford Timber Company Limited
|
Decision |
At Ordinary Council on 25 September 2024, Council resolved to adopt all of the Independent Hearing Panel's recommendations
|
Decision
Notice of Decision - public notice(PDF, 108KB)
Correction to date for appeals process - public notice(PDF, 90KB)
Council resolution(PDF, 49KB)
Panel recommendation report(PDF, 1MB)
Appendix 1 - Final panel recommendations on submissions - PC49(PDF, 545KB)
Appendix 2 - Final panel recommendations on submissions - Variation 1(PDF, 2MB)
Appendix 3 - Final recommended amendments to PC49 provisions(PDF, 1MB)
Appendix 4 - Final recommended amendments to Variation 1 provisions(PDF, 175KB)
Appendix 5 - Final recommended PC49 District Plan Maps(PDF, 10MB)
Appendix 6 - Section 32AA evaluations(PDF, 47KB)
|
Hearing |
The initial hearing took place from 27 November to 30 November 2023.
A reconvened hearing took place on 3 April 2024.
The hearing was closed on 5 June 2024.
|
Minutes
Minute #1 - Notice of hearing(PDF, 136KB)
Minute #2 - Request from Hutt Valley Clay Target Club(PDF, 97KB)
Minute #3 - Regarding email from GTC Counsel and legal submissions from Forest & Bird(PDF, 166KB)
Minute #4 - Information required by the Panel(PDF, 256KB)
Minute #5 - Procedural matters(PDF, 287KB)
Minute #6 - IPI in relation to PC49(PDF, 176KB)
Minute #7 - Expert evidence(PDF, 188KB)
Email from Royal Forest and Bird Protection Society of NZ Inc(PDF, 130KB)
Minute #8 - Council reply to Minute #6(PDF, 209KB)
Memo from Council in reply to Minute #6(PDF, 2MB)
Minute #9 - Notice of reconvened hearing - ecological issues(PDF, 372KB)
Pinehaven Spur report(PDF, 263KB)
Astrid field notes 2018 - Guildford swap forest (page 37)(PDF, 373KB)
Minute #9a - Inclusion of response from Donald Skerman(PDF, 295KB)
Minute #10 - Hearing details - including timetable for reconvened hearing(PDF, 182KB)
Minute #11 - Council Officer's Right of Reply requirements(PDF, 211KB)
Minute #12 - Hearing closed(PDF, 171KB)
Information requested from the Panel
UHCC Heritage Report 2007(PDF, 6MB)
Cultural Values Report(PDF, 2MB)
Ngāti Toa Deed of Settlement(PDF, 31MB)
Ngāti Toa Supporting Documents(PDF, 24MB)
R27654 Pa Outpost(PDF, 2MB)
Site S263 Ovens(PDF, 416KB)
Taranaki Whānui Deed of Settlement(PDF, 24MB)
Taranaki Whānui Supporting Documents(PDF, 19MB)
Hutt Valley Military Fortifications(PDF, 236KB)
G Park report, 1970(PDF, 3MB)
Map VII Hutt Valley(PDF, 279KB)
Wellington NZ Company Tenths(PDF, 303KB)
Port Nicholson Block(PDF, 278KB)
Ecology Heritage Study, December 1995, Boffa Miskell(PDF, 202MB)
Submitter expert evidence
Documents tabled at the Hearing
Powerpoint presentations
Speaking notes
Statement of evidence
Legal Submissions
Additional documents
42a report - revised as per Minute 9
Revised 42a report(PDF, 1MB)
(PDF, 463KB)Appendix A - Recommended amendments to Variation 1(PDF, 588KB)
(PDF, 838KB)Appendix B - Recommended responses to submissions and further submissions(PDF, 838KB)
(PDF, 3MB)Appendix C - Silverstream Spur preliminary archaeological assessment(PDF, 3MB)
(PDF, 3MB)Appendix D - Expert ecological evidence(PDF, 3MB)
(PDF, 133KB)Appendix E - Extracts from legal advice provided by Buddle Finlay relevant to the NPS-IB(PDF, 133KB)
Updates to Submitter expert evidence
Updates to Submitter Submissions
- Graham Bellamy(PDF, 48KB)
- John O'Malley(PDF, 201KB)
- Caleb Scott(PDF, 88KB)
- Pat van Berkel(PDF, 154KB)
- Simon Edmonds(PDF, 4MB)
- Donald Skerman(PDF, 452KB)
- Silver Stream Railway(PDF, 494KB)
- David Grant-Taylor(PDF, 979KB)
- Save our Hills(PDF, 466KB)
- Sue Kefali-Pattinson(PDF, 149KB)
Updates to Legal Submissions
Documents Tabled at Reconvened Hearing
Guildford Timber Company - oral legal submission(PDF, 12MB)
Guildford Timber Company - speaking notes of Michael Hall (Planner)(PDF, 904KB)
Donald Skerman(PPTX, 20MB)
David Grant-Taylor(PPTX, 8MB)
Caleb Scott(PPTX, 77MB)
Simon Edmonds(PDF, 4MB)
Silver Stream Railway(PDF, 11MB)
Sue Pattinson(PDF, 4MB)
Save our Hills(PDF, 1MB)
Mary Beth Taylor(PDF, 706KB)
Council Right of Reply
Council Right of Reply(PDF, 1022KB)
Appendix 1 - Recommended amendments to PC49.(PDF, 2MB)
Appendix 2 - Final recommended amendments to Variation 1 provisions.(PDF, 474KB)
Appendix 3 – Legal advice received on matters raised at the hearing.(PDF, 241KB)
Appendix 4 – Relevant Plan Change 47 provisions.(PDF, 342KB)
Appendix 5 - Comparison of Rules and Standards for Royal Wellington Golf Club(PDF, 616KB).
Appendix 6 - Comparison of Rules and Standards for Silverstream Spur.(PDF, 647KB)
Appendix 7 - Buddle Findlay 2022 legal advice about scope of Plan Change 49.(PDF, 214KB)
Appendix 8 - Information relating to the certificate of compliance for the Hutt Valley Clay Target Club.(PDF, 98KB)
Appendix 9 – Relevant Objectives and Policies relevant to Variation 1.(PDF, 94KB)
Appendix 10 - Evaluation of the Whaitua Te Whanganui-A-Tara Implementation Programme.(PDF, 303KB)
Appendix 11 - Summary of submissions and recommendations for PC49(PDF, 385KB)
Appendix 12 - Summary of submissions and recommendations for PC49 / Variation 1 (Silverstream Spur)(PDF, 835KB)
Extension of timeframe to provide decision
|
Further Submissions |
Further submissions closed on 22 February 2023 |
Submissions provided in excel format
The following further submissions are in excel format
|
Notification |
Submissions closed on 4 November 2022 |
Section 32 and supporting documents
|
Background
September 2021 update
PC49 was publicly notified on 11 August 2021 and submissions closed on 5.00 pm Friday, 17 September 2021. We received 27 submissions on the proposed plan change during this time. The summary of submissions and the full submissions received can be viewed at the bottom of this page.
The District Plan manages activities and development within the Open Space Zone. This zone is comprised of predominantly publicly accessible land formed of our parks and reserves.
We know how much our community values the opportunities that our open spaces provide, including the ability to undertake passive and active recreation, conservation and customary activities, and community based events. Open spaces in Upper Hutt includes three regional parks managed by Greater Wellington Regional Council, and sports fields, green spaces, and community parks managed by Upper Hutt City Council. There are also several privately owned and operated sports clubs which contribute to recreational opportunities within Upper Hutt, including golf courses and shooting clubs. In 2018, Council adopted the Open Space Strategy which sets the overarching strategy for the open spaces of Upper Hutt, and identifies how the use of open spaces is changing.
We have undertaken a review of the open space topic of the operative District Plan (2004). This review has been titled Plan Change 49 and is part of our rolling review of the District Plan. Proposed Plan Change 49—Open Spaces (PC49) has been informed by the research we have undertaken over the last 18 months, which has included consultation with landowners and groups and clubs.
Proposed Plan Change
PC49 is proposing a number of changes to the management of open spaces within the District Plan. The District Plan will better align with the Open Space Strategy by considering the nature and scale of activities which may occur within open spaces, and will enable activities which are suitable within open spaces whilst managing those activities which could affect the amenity and use of our open spaces.
We also want to ensure the District Plan zoning is reflective of the extent of open spaces. This includes a proposed change to the zoning of the regional parks which are not currently zoned as open space, and the proposal to include privately run sports clubs within the zone. The existing Open Space Zone is proposed to be split into three separate zones:
- Natural Open Space
- Open Space
- Sport and Active Recreation
These proposed zones reflect the different character of our open spaces, as well as the different activities which occur in the different parks and reserves of Upper Hutt. You can view the proposed zoning on our webmap.
Natural Open Space zone
The purpose of the Natural Open Space Zone is to allow for activities and development of an appropriate scale to occur in identified spaces whilst conserving the natural character and associated ecological and landscape values. These spaces provide a valuable contribution to the wellbeing of the Upper Hutt community, allowing us all to undertake recreation, customary, and conservation activities in a natural setting.
Open Space Zone
The Open Space Zone provides for spaces that allow for community activities including passive and informal sports activities, customary and conservation activities, and community gardens. These spaces also provide the opportunity to hold temporary events, and contribute to the amenity of residential areas.
Sport and Active Recreation Zone
The Sport and Active Recreation Zone allows for organised sporting activities with the facilities to enable a diverse range of indoor and outdoor sports activities. This zone includes publicly owned parks and reserves, as well as privately operated and owned sports clubs.
More information
If you have any questions, please email the planning team: planning@uhcc.govt.nz