Private Plan Change 20 - Airport Northern Precinct Extension
Status
The Environment Court Consent Order was received on 13 May 2024. Plan Change 20 became operative on 1 July 2024.
Indicative Timeframe
Date | Event |
29 April 2022 | Application Lodged |
1 June 2022 | Application put on hold at the applicant's request |
27 July 2022 | Application comes off hold at the applicant's request |
27 July 2022 | Updated plan change provided. This supersedes the as-lodged plan change |
4 August 2022 | Time extension for further information is advised |
12 August 2022 | Further information requested. See further information request here. |
18 August 2022 | Further Information received. See RFI Response here. |
23 August 2022 | Proposed Private Plan Change accepted for processing. See Clause 25 and Notification Recommendation here. |
26 September 2022 | Public notification open for 30 working days |
11 November 2022 | Further submissions open for 10 working days |
12 December 2022 | Commissioner Minute from the Chair #1 issued - click here to view - Hearing Procedures and Directions |
16 December 2022 | Commissioner Minute from the Chair #2 issued - click here to view - Out of scope submissions |
24 January 2023 | Commissioner Minute from the Chair #3 issued - click here to view - Hearing and preparation |
Commissioner Minute from the Chair #4 issued - click here to view - Further Procedural Directions | |
Commissioner Minute from the Chair #5 issued - click here to view - Further Procedural Directions | |
Commissioner Minute from the Chair #6 issued - click here to view - Adjournment of Hearing and Further Procedural Directions | |
15, 16 ,17 and 20 March 2023 | Hearing Venue: Council Chambers, Te Awamutu |
17 April 2023 | Hearing Closed |
4 August 2023 | Appeal period closes 5pm |
15 August 2023 | Environment Court Direction #1 issued - [click here to view] |
25 August 2023 | Parties must advise if they are agreeable to Court assisted mediation. |
8 September 2023 | If not agreeable to mediation - parties must file joint memorandum on issues on appeal, hearing timetable and proposed evidence exchange timetable. |
13 May 2024 | Environment Court Consent Order received |
20 June 2024 | Operative Public Notice Issued |
1 July 2024 | Plan Change 20 becomes operative |
What is a private plan change 20?
Titanium Park Ltd and Rukuhia Properties Ltd proposed a private plan change. Proposed Private Plan Change 20, which seeks to:
- Rezone approximately 89ha of land to the northwest of the Airport, from Rural to Airport Business Zone.
- Amend the Airport Business Structure Plan contained in Appendix S10 of the Waipā District Plan.
- Amend the Airport Business Zone (Titanium Park) provisions contained in Section 10 of the Waipā District Plan.
- Amend the infrastructure, Hazards, Development and Subdivision provisions contained in Section 15 of the Waipā District Plan.
- Amend the Assessment Criteria and information requirements contained within Section 21 of the Waipā District Plan.
Consequential changes may also be made by the Hearings Commissioners, if the plan change is approved, provided any consequential changes are to give effect to the proposed plan change and are within the scope of the substantive plan change proposal.
Conflict of Interest declaration and management
Waipā District Council is a 15% shareholder in the airport holding company (Waikato Regional Airport Limited). Titanium Park Ltd is a wholly-owned subsidiary of Waikato Regional Airport Limited.
Given Council’s shareholding in the co-applicants holding company, Waipā District Council has declared a conflict of interest in processing Proposed Private Plan Change 20. Council is, however, still required under the Resource Management Act to make a first stage decision, as the regulatory agency. The first stage decision relates to the processing of the plan change, not the decision on the actual plan change itself. The first stage decision is whether to:
- Accept and process the plan change as a private plan change; or
- Adopt the plan change request as a council plan change and process as a council plan change; or
- Reject the plan change request and do not process (note, there are limited procedural grounds for rejecting a private plan change for processing)
Council has accepted Proposed Private Plan Change 20 for processing as a private plan change.
To manage the Council’s conflict of interest, we have engaged an independent planning firm [Align] to process and make recommendations, and we have appointed 2 independent hearing commissioners to hear and decide on the plan change if it is accepted for processing.
Submissions
Submissions were open from 26 September 2022 until 28 October 2022. The summary of the decisions requested can be viewed here:
Further submissions opened on 11 November 2022 and closed at 5pm on 25 November.
Submissions documents
- Submission 01 - McDowall, Jennifer
- Submission 02 - Cals, Raewyn
- Submission 03 - McDowall, Bruce
- Submission 04 - Besley, Stephen and Karen
- Submission 05 - Middle-Narrows Focus Group
- Submission 06 - Snowball, James & Marie
- Submission 07 - Forest & Bird
- Submission 08 - Forsyth, Sandra
- Submission 09 - Tainui Group Holdings
- Submission 10 - Mason, Rex
- Submission 11 - Waikato Regional Council
- Submission 12 - Cuff, Joan & Robin
- Submission 13 - Riverlea Environment Society
- Submission 14 - Titanium Park Ltd
- Submission 15 - Tabby Tiger Limited
- Submission 16 - Go Eco
- Submission 17 - Fire and Emergency NZ
- Submission 18 - Waka Kotahi
- Submission 19 - Hay, Katherine
- Submission 20 - Department of Conservation
- Submission 21 - NZ National Fieldays Society
- Submission 22 - Hickey, Christopher
- Submission 23 - Hamilton City Council
- Submission 24 - Morales, Salvador & Maria
- Submission 25 - Kessels, Gerry
- Submission 26 - Waikato Regional Economic Development Agency
Further submissions
- FS01 - CostEnuff Trust
- FS02 - Forest and Bird
- FS03 - Grass Ventures Ltd
- FS04 - Middle Narrows Road Focus Group
- FS05 - Waka Kotahi NZ Transport Agency
- FS06 - Waikato Regional Airport
- FS07 - NZ Fieldays Society
- FS08 - GHA Kessels
- FS09 - Department of Conservation
- FS10 - Hamilton City Council
- FS11 - Bike Waikato
- FS12 - Tabby Tiger Ltd
Hearing Panel Decision Report
- 01. PPC20 Hearing Panel Decision Report 22 June 2023
- 02. Section 10 - Airport Business Zone - Decisions Version - 22 June 2023
- 03. Section 15 - Development and Subdivision - Decisions Version - 22 June 2023
- 04. Section 21 - Assessment Criteria - Decisions Version - 22 June 2023
- 05. Appendix S10 - Airport Business Zone Structure Plan - Decisions Version - 22 June 2023
- 06. PPC20 Decision Report Public Notice
Hearing videos
Hearing panel directions
Further documents
Environment Court Directions
Appeal documentation
- 01. Forest & Bird Notice of appeal - PPC20 - 41 August 2023
- 01a. Forest & Bird Hearing Panel Decision Report - 22 June 2023
- 01b. Forest & Bird - Submission 07
- 01c. Forest & Bird - Further Submission 02
- 01d. Forest & Bird - List of people to be served - 4 August 2023
- 02. Notice of intention to become a s274 party - Royal Forest and Bird Protection Society of New Zealand Incorporated v Waipa District Council
- 03. s274 Notice from WRAL to F&B Appeal on PPC20
- 04. s274 Notice - Director General of Conservation - PPC20
Applicants evidence
- 01. Mark Morgan EIC (TPL corporate overview)
- 02. William Yates EIC (RPL corporate overview)
- 03. Nigel Richards EIC (RPL corporate overview)
- 04. Samuel Coles EIC (urban design)
- 05. Lisa Jack EIC (landscape and visual amenity)
- 06. Scott King EIC (3 waters infrastructure)
- 07. Kori Lentfer EIC (geotechnical)
- 08. Cameron Inder EIC (transport)
- 09. Matthew Gainsford EIC (archaeology)
- 10. James Bell-Booth EIC (acoustics)
- 11. Joshua Markham EIC (ecology (general) and compensation)
- 12. Georgia Cummings EIC (ecology - long tailed bat)
- 13. John McKensey EIC (lighting)
- 14. Ben Inger EIC (planning -ecology)
- 15. Norman Hill EIC (cultural)
- 16. Jeremy Hunt EIC (NPS-HPL)
- 17. Fraser Colegrave EIC (economics)
- 18. Nick Grala EIC (planning)
- 18A. Nicholas Colyn Grala Evidence – RPS Retail Provisions -1
- 18B. Nicholas Colyn Grala Evidence – RPS Retail Provisions -2
- 19. Closing legal submissions on behalf of TPL and RPL - 5 April 2023
Submitters evidence
- 01. Jim and Marie Snowball - Statement of Evidence
- 02 Duncan Tindall (WK) - Statement of Evidence.pdf
- 03 Sarah Loynes (WK) - Statement of Evidence.pdf
- 04 Julie Hansen (WRC) - Statement of Evidence.pdf
- 05 Katrina Andrews (WRC) - Statement of Evidence.pdf
- 06 B Langley (WRAL) - Statement of Evidence.pdf
- 07 K Drew (WRAL) - Statement of Evidence.pdf
- 08 C Sharman (Fire and Emergency NZ) - Statement of Evidence.pdf
- 09 Judith Makinson (Transport) (TTL) - Statement of Evidence.pdf
- 10 Mark Chrisp (Planning) (TTL) - Statement of Evidence.pdf
- 11 T Thurley (DOC) - Statement of Evidence.pdf
- 12 Denzil Govender (Planning) (HCC) - Statement of Evidence.pdf
- 12A. Map from Evidence - page 31
- 13 Gregory Akehurst (Economics) (HCC) - Statement of Evidence.pdf
- 14 Vinish Prakash (Transport) (HCC) - Statement of Evidence.pdf
- 15 Bruce Cuff Statement of Evidence.pdf
- 15A. Bruce Cuff Visual Aids
- 16 Jesse Gooding (Planning) Statement of Evidence.pdf
- 17 Chris Hickey Statement of Evidence.pdf
- 18. Middle-Narrows Focus Group Statement of Evidence
Rebuttal evidence
- 1. Lisa Jack rebuttal (landscape and visual amenity).pdf
- 2. Scott King rebuttal (3 waters Infrastructure).pdf
- 3. Cameron Inder rebuttal (transport).pdf
- 4. Joshua Markham rebuttal (ecology (general) and compensation).pdf
- 5. Georgia Cummings rebuttal (ecology - long tailed bat).pdf
- 6. Ben Inger rebuttal (planning - ecology).pdf
- 7. Fraser Colegrave rebuttal (economics).pdf
- 8. Nick Grala rebuttal (planning).pdf
Legal submissions
- 01 - Memorandum of counsel on behalf of HCC – 10 Jan 2023
- 02 - Legal submissions on behalf of HCC – 16 Jan 2023
- 03 - Legal submission on scope on behalf of TPL and RPL - 20 Jan 2023
- 04 - Legal submission on behalf of TTL – 7 Feb 2023
- 05 - Supplementary Legal Submission on behalf of TPL and RPL - 13 Feb 2023
- 06 - Legal Submission on behalf of Forest & Bird Protection Society of NZ Inc. - 16 March 2023
- 07 - Legal Submissions for the Director-General of Conservation 16 March 2023
- 08 - Legal submissions for Waipa District Council - 16 March 2023
- 09 - Legal submissions on behalf of HCC - 17 March 2023
- 10 - Legal Submission on behalf of TPL and RPL - 15 March 2023
- 11 - Joint memorandum of counsel for TPL,RPL,WDC - 20 March 2023
- 12 - Closing legal submissions on behalf of TPL and RPL - 5 April 2023
- 13 - Memorandum of s42A officer dated 17 April 2023
- 14. Further Legal Submissions for the Director-General of Conservation 20 March 2023
Evidence summaries
- 01. Mark Morgan summary (TPL corporate overview).pdf
- 02. Will Yates summary statement (RPL corporate overview).pdf
- 03. Nigel Richards summary (RPL corporate overview).pdf
- 04. Samual Coles summary statement (urban design).pdf
- 05. Lisa Jack summary statement (landscape and visual amenity).pdf
- 06. Scott King summary statement (3 waters infratructure).pdf
- 08. Cameron Inder summary statement (transport).pdf
- 11. Josh Markham summary (ecology (general) and compensation).pdf
- 11A. Supplementary Evidence to Josh Markham - Gili et al. 2020. Bats in urbanising landscapes.
- 12. Georgia Cummings summary statement (ecology - long tailed bat).pdf
- 13. John McKensey summary statement (lighting).pdf
- 14. Ben Inger summary statement (planning ecology).pdf
- 14A. Ben Inger Supplementary Evidence - Slide Show
- 15. Norman Hill summary statement (cultural).pdf
- 16. Jeremy Hunt summary statement (NPS-HPL).pdf
- 17. Fraser Colegrave summary statement (economics).pdf
- 18. Nick Grala summary statement (planning).pdf
- 19. Barbara Hammond - Forest & Bird - Summary Statement
- 19A. DoC Supplementary Evidence - Interim decision Weston Lea Ltd v Hamilton City Council [2020] 189
- 20. J Gooding Summary Statement (DoC - Planning)
- 21. T Thurley Summary Statement (DoC - Ecology)
- 22. Julie Hansen - Waikato Regional Council - Summary Statement (Transport)
- 23. Katrina Andrews - Waikato Regional Council - Summary Statement (Planning)
- 23A. Supplementary Evidence WRC - Auckland Unitary Plan Proposed Private Plan Change 73 IHP Decision
- 23B. WRC Letter to the Commissioner Panel - Proposed Private Plan Change 20
- 23C. Waikato Regional Bat Strategy
- 24. B Langley Summary Statement (WRAL Corporate)
- 25. K Drew Summary Statement (WRAL Planning)
Section 42A Hearing Report
- 01. s42A Report
- 02. Appendix 1A - Section 10 - Airport Business Zone
- 03. Appendix 1B - Section 15 - Infrastructure Hazards Development Subdivision
- 04. Appendix 1C - Section 21 - Assessment Criteria and Information Requirements
- 05. Appendix 1D - Appendix 10 - Airport Business Zone Structure Plan
- 06. Appendix 2 - WDC Transport Review
- 07. Appendix 3 - 3 Waters Report
- 08. Appendix 4 - Landscape Assessment
Joint Witness Statements
Council
Clause 25 and Notification Recommendation
Summary of Submissions by Submitter
Summary of Submissions by Topic
Public Notice - Call for Further Submissions - 11 November 2022
Further Information
Further Information on Servicing, Transport and District Plan Mechanics - 20 July 2022
Further Information Request - 12 August 2022
Response to Request for Further Information - 22 August 2022
Assessment Against NPS-HPL & WRPS - Jan 2023
Proposed Private Plan Change 20 documents
Public Notice to Notify - 26 September 2022
Private Plan Change 20 - Airport Northern Precinct Extension
- Appendix 01 - Records of Title
- Appendix 02 - LVA
- Appendix 03 - ITA
- Appendix 04 - Master Plan
- Appendix 05 - Urban Design Assessment
- Appendix 06 - Infrastructure Report
- Appendix 07 - Economic Assessment
- Appendix 08 - Ecology Report
- Appendix 09 - TPL Geotech Assessment
- Appendix 10 - RPL Geotech Assessment
- Appendix 11 - TPL Archaeological Assessment
- Appendix 12 - RPL Archaeological Assessment
- Appendix 13 - Acoustic Assessment
- Appendix 14 - TPL Contamination PSI
- Appendix 15 - RPL Contamination Assessment
- Appendix 16 - Proposed WDP Zoning Map
- Appendix 17 - Cultural Impact Assessment
- Appendix 18 - Structure Plan
- Appendix 19 - Proposed WDP Provision Changes
- Appendix 20 - Section 32 Evaluation
Draft Change as Lodged 29 April 2022 (Superseded)
- Draft Private Plan Change 20 - Appendix 01 - Records of Title
- Draft Private Plan Change 20 - Appendix 02 - Landscape & Visual Assessment
- Draft Private Plan Change 20 - Appendix 03 - Integrated Transport Assessment
- Draft Private Plan Change 20 - Appendix 04 - Masterplan
- Draft Private Plan Change 20 - Appendix 05 - Urban Design Assessment
- Draft Private Plan Change 20 - Appendix 06 - Infrastructure Assessment
- Draft Private Plan Change 20 - Appendix 07 - Economic Assessment
- Draft Private Plan Change 20 - Appendix 08 - Ecology Report
- Draft Private Plan Change 20 - Appendix 09 - TPL Geotech Assessment
- Draft Private Plan Change 20 - Appendix 10 - RPL Geotech Assessment
- Draft Private Plan Change 20 - Appendix 11 - TPL Archaeological Assessment
- Draft Private Plan Change 20 - Appendix 12 - RPL Archaeological Assessment
- Draft Private Plan Change 20 - Appendix 13 - Acoustic Assessment
- Draft Private Plan Change 20 - Appendix 14 - TPL Contamination PSI
- Draft Private Plan Change 20 - Appendix 15 - RPL Contamination Assessment
- Draft Private Plan Change 20 - Appendix 16 - Proposed WDP Zoning Map
- Draft Private Plan Change 20 - Appendix 17 - Structure Plan
- Draft Private Plan Change 20 - Appendix 18 - Plan Provisions
- Draft Private Plan Change 20 - Appendix 19 - S32 Report