What Happens Post February 28th with the Unitary Plan

 

Yesterday I was at a Unitary Plan briefing on what happens once the submission deadline of 28th February has passed. But first two corrections.

Correction Number One: Commissioners and Independent Hearing Panel.

Through my commentary recently on the Unitary Plan I have referred to the eight people appointed by the Ministers of Environment and Conservation as Commissioners. The correct term for the interim is Independent Hearing Panel until the panel members led by Environment Court Judge and Hearing Panel Chair David Kirkpatrick have decided a title for themselves. So if I have used the term Commissioners to refer to the eight overseeing the Hearings Process, the correct term is Independent Hear Panel err panelists. That said I wonder if the Hearings Panel will call themselves Commissioners any-way :p

 

Correction Number Two: Being Able to Submit on the Further Submissions in late May

I have stated in previous commentary before that if you did not submit a submission in this formal period that closed off at the end of the month, then that was it for you as the Unitary Plan processes continue. That assumption came from this line of the Unitary Plan Submission guide:

In order to take part in the later phases – including further submissions, hearings and appeals – you should lodge your submission by 28 February 2014.

Normally that would be correct with other plans – but not so in the Unitary Plan. It was asked by a couple of media people including myself (I am waiting on written clarification) but if you have not submitted in this submission period you will be able to submit in the Further Submission period in May.

THAT SAID in the May submission period you can only “support” or “oppose” the points brought out from the first submission period. NO NEW MATERIAL can be added. So if you are like me and chasing new provisions via insertion of new material (the Super Metropolitan Centre) you have to get that in by February 28th. Also to assist with that May submission period the Independent Hearings Panel will be releasing guidelines for that submission period as well as what the Hearings will entail.

I have sought written clarification on this, once I have it I will draw up a separate blog post stating what it was. So be prepared for changes there again.

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Post February 28th –  Summary of What is Next

 

A summary of points from the briefing on where next with the Unitary Plan

• 1,350 submission in so far (Mine should be going in tomorrow if not Thursday)
• Council is writing its own submission to the Independent Hearings Panel
  • Council submission is on policy refinements and the additions of any Plans to be added from Plan Changes that have happened recently that subsequently need to be added to the Unitary Plan. The Puhinui Gateway could be such an example of this if it were successful
  • Local Boards can not individually submit to the Unitary Plan, but they can lodge a “Community View” to the Hearings if the “Community” feels that strong on a Unitary Plan subject (contrasts the official Council submission) that it warrants a submission as such
• The Unitary Plan Committee meets on the 25th February to discuss and finalise their Unitary Plan submission. That committee will be an Open Meeting (open to the public) and agenda will be published for our viewing by the end of the week
• After the submission period is closed we will be informed on the volume of submissions. After this the Council codifies and prepares a Summary of Submissions ready for the second submission period in May
• Mid May is the earliest possible date before the second submission period can start
• As I have noted in Correction Number Two you can only support or oppose what comes out from the Summary of Submissions in the second submission period. NO NEW MATERIAL can be added – so get your first submission with new material in now!
• Council must state what it opposes or supports from our submissions in the Independent Hearing Panel (wonder if they are going to oppose the Super Metropolitan Centre concept – they have originally (the planners) but the Councillors are warm to the idea and have begun the motions of getting a part if not all of the concept)
• With the Hearings there will be what is called: Pre Hearings, Pre-Mediation, and Pre Caucusing before the full hearings start later in the year. Mid April the Independent Hearings Panel will present outlines on what these Pre-things are and how the full Hearings will be run
• The Hearings will not be held in existing Council facilities especially Town Hall. To maintain the independence of the Hearings for the Unitary Plan, they will be conducted in non Council facilities but which the Council pays for (so far $3.1 million is being asked for in the 2014/2015 Annual Plan for the first year (of three) these Hearings are to run)
• The Hearings will be heard at a specific site in CBD with the possibility for site visits when dealing with issues like zoning in an area (Manukau could be an example)
• Hearings at the earliest start October/November
• The Unitary Plan processes do have a limited time frame set by the Local Government (Auckland Amendment) Act 2009 in which everything must be complete before the UP is meant to become operative. The final date unless the Independent Hearings Panel seek a single and final year-long extension is September 30, 2016. This is when Council must make its final recommendation on the final version of the Unitary Plan. As I understand from the Act, Council has 50 working days to consider the final deliberations from the Hearings Panel before making the recommendations. Thus the Hearings Panel has until (unless that extension is sought) Mid July approximate to conclude its processes on the Unitary Plan.  This is why I have pointed out and corrected Councillors Fletcher and Brewer who kept seeking extensions to the original feedback session last year as it could not be done without breaching the Act. We are on a limited time frame before the UP has to become operative.

 

I will get a Council fact sheet and that written clarification around the Further Submission process as soon as it becomes available. But in the meantime it is knuckle down time to get your submission in before 5pm February 28th.