Port of Auckland Update: Discretionary Rule On Reclamation Remains

Stage Two Study to get under-way

 

Note: Pressers placed in Talking Auckland are to be taken at the value you attach to them. I just pass the information on. Commentary does not always follow.

 

From the Office of the Mayor

Council to undertake major ‘stage two’ study on port

Mayor Len Brown says he does not expect the port will make any application for reclamation until after the unitary plan becomes operative.

In the meantime, the Mayor says the council will undertake a major study on the social, economic, environmental and cultural costs of the port versus the alternatives.

“Right now we are engaged in a discussion about the rules that will apply to any application in the future,” says Len Brown. “We are not deciding on future reclamation, and this is not a discussion we intend to be having at any time soon.

The council’s position, endorsed by the Auckland Development Committee on 12 February 2015, is tougher than the operative rules in the existing Regional Coastal Plan, which currently makes reclamation within the port precinct a discretionary activity.

“Any eventual decisions on the future footprint of the port will need to balance the rights of Aucklanders to have a say, with the important economic role played by our ports,” says Len Brown.

Deputy Mayor Penny Hulse, who chairs the Auckland Development Committee and is leading the council’s work on future planning rules says: “We are currently working through a statutory process around the Unitary Plan rules that will govern planning decisions in Auckland. We have a long way, and a lot of discussion, to go before final decisions are made about those rules in 2016.

“We are very aware that Aucklanders are passionate about this issue and we share that passion, as well as being mindful of the role the ports play in our region’s economy. This is absolutely front of mind for us in this process.”

The Mayor says the terms of reference for the study will be developed in consultation with councilors and wider stakeholders.

 

Background information:

 

  • The port operates within a defined area known as the Port Management Area (PMA), commonly referred to as the port precinct.
  • Auckland Council needs to balance any possible growth of the port within the PMA, with the need to ensure any growth does not adversely impact the surrounding environment.
  • The port is a critical part of Auckland and New Zealand’s freight infrastructure. Its growth relates to growth in demand for consumer goods and raw materials. If freight did not come into Auckland via the port it would need to come in via road or rail.
  • The port precinct currently operates under the Regional Coastal Plan rules. When finalised and adopted, the Unitary Plan rules will apply.
  • The council’s proposed planning position for the Unitary Plan rules governing the port precinct is now before the Independent Hearings Panel as part of the Unitary Plan Process.
  • Submissions from a number of parties, including Auckland Council and POAL, are being heard by the panel, and mediation with submitters on the PMA provisions begins 2 March 2015.
  • In the mediation position, the rules mean that most applications for reclamation need to be fully publicly notified and that the application can be declined (Discretionary Fully Notified).  The exceptions relate to maintenance or repair of existing reclamations, reclamations of less than 0.6 hectares within the inner port area or certain rehabilitation remedial works.
  • As well as that, Auckland Council has shrunk the area within the port covered under the Discretionary Fully Notified rule.  The rest of the outer port area, apart from the inner port area, is retained as Non-Complying which means a ‘tougher test’.

 

Pre-existing consents 
  • POAL currently has resource consents for piled wharf extensions, not reclamations, and no application for reclamation for Bledisloe Wharf has been lodged.
  • Any application for reclamation between or beyond the consented wharf extensions would need to go through a full consenting process.
  • The timeframe for any future application for reclamation is not known and depends on a number of factors including growth rates, technology and productivity improvements.

 

Port studies
  • In August 2013, the council resolved to undertake a comprehensive study on the future of the port at the completion of the Unitary Plan in 2016. This has not changed.
  • The NZIER Port Study was commissioned to provide information on the future capacity constraints that may affect the port, to inform the Unitary Plan decision-making process relating to planning rules going into mediation. The council position going into mediation is to strengthen the rules around reclamation, compared with the current rules.
  • A wider study will look at a full range of options for accommodating increasing demand for ports services if necessary. It will take account of all relevant social, environmental and economic considerations as well as the wider implications for the North Island ports.
  • There are still a number of steps to go in the Unitary Plan process. It is important that council does not predetermine its final decision at this stage. The council must remain open to considering all matters raised by submitters during this process.
  • This is a legal process and as such operates under clear legal requirements.

 

———ends——-

 

Update: I have in from sources that Councillor Chris Darby’s Rescinding Motion which would have reverted port reclamation back to Non Complying was defeated 14-9 in a closed session of the Auckland Development Committee today. 

Update, according to @AucklandNowNZ the vote was 12-10 in defeating Darby’s motion. Will confirm tomorrow

More as it becomes available