Palmerston North City Council
Private Bag 11-034
Palmerston North 4410
ATTENTION: Team Leader - Governance and Support
Number of additional sheets attached -
PLEASE:
•
Read ALL instructions carefully
•
Print clearly and complete ALL sections in this form (A number of people will read your submission, so please make
sure it can be easily photocopied, read and understood).
•
•
•
Use separate submission forms for different Plan Changes.
Don't forget to provide a PHYSICAL ADDRESS, POSTAL ADDRESS and CONTACT PHONE NUMBER.
Use additional sheets of paper if necessary, indicate above if you are doing so and attach them securely to this
form.
Preferred title fplease delete Inapplicable titles}: Mr James Richard and Mrs Tiffany Janelle Good and others,
Full Name of Further Submitters:
Michael Hollan Hitchens. 18 Pioneer Highway Palmerston North
Stephen Vincent and Helen Margret Duck 5 Shirrlffs Road Palmerston North
Stephen and Sandra Rowe. 42 Pioneer Highway Palmerston North
Plan Change Number:
15A and 15C
Plan Change Name: Rural Zone and Rural Subdivision, Boundary Change Area (the area formerly within the
Manawatu Distrcit Council)
Your Physical Address (for courier purposes): 49 Shirriffs Road Palmerston North
Postal Address: 49 Shlrrlffs Road Palmer.ton North 4412
Phone (home): 06 3S4 2130 Cell 0274 903 782
Email: [email protected]
Signature:
Signature of the person making submission or the person authorised to sign on behalf of the person making submission.
(NOTE: A signature is not required if you are making a submission by electronic means.)
Please state grounds for why you come within category A. or B. above: I am a private rural property owner directly joined to the land that is
State the name and address of the person or organization making the original submission:
JP Ware Transport ltd & JB Ware & Sons Family Trust
John & Tina Ware
Balnesse
RD7
PALMERSTON NORTH
4477
[Clearly state which parts of the original submission you support or oppose, together with any relevant provisions of the Plan Change.}
Part 2: The submitter notes that nearby businesses begin before 7am! and businesses with greater noise effects have less restrictions under
R9.5.6(b).
Part 3: The hours of operation restrictions prevent the washing of vehicles on Sundays.
Part 4: The maximum 12 hour day is inconsistent with the maximum 13 hours permitted on their log books.
Part 5: The site no longer operates drainage and roadlng services! leaving only transport and contracting services, which the submitter states are
more compatible with surrounding land use
Part 6: A rezoning to industrial would reduce the risk of subdivision in this area.
Decision Requested:
1. Planning Map 30: That 31 Shirrilfs Road be zoned from Rural to Industrial. Alternatively, that R9.5.6(b) be amended to provide for
unrestricted hours
for the land at 31 Shirriffs Road.
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Part 2: There are no recognised/registered zoned businesses with heavy vehicles as part of their operation within a 1 kilometre radiUS
to the entrance of Shirrlffs Road off Pioneer Highway. The businesses that do work within this area are all working within guide lines of
rural zoning with no issues.
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Part 3: The business could better plan work hours more efficiently to wash vehicles within hours of current operation time limits.
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Part 4: log books are a register of work hours for a single person and a business can easily operate efficiently within a 12 hour time
frame.
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Fatigue is proven to be a significant factor of heavy vehicle on road accidents when operators work hours are continuously at a high
level and considerable planned rest is not part of any transport operation. 1 Day in 7 rest is not Ideal when continuously operating
heavy vehicles at over 12 hours per day.
i
h
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Cleaning vehicles is still considered work hours that must be logged so any owner operator could not clean their vehicle on the
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Part 5: Having an area of land zoned industrial will not stop a business from operating any type of machinery they wish. So it would not
day.
matter if it was drainage or transport operations! the noise level of a heavy vehicle does not change because of a business type. Noise
levels change because of vehicle type and there would be no limitation of vehicles in an industrial zone.
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If it was rezoned to Industrial, there would be no restriction to the type of business and that could change at any time In the future.
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Part 6: PNCC has been considering re zoning of this area to residential for many years and Is only halted due to other reasons.
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Neighboring parties have had a considerable amount of literature of PNCC's intent to investigate moving towards this area as a full
residential zone over the past 5 years. PNCC has spent a considerable amount of rate payers money Investigating this.
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Having Industrial zoned land will significantly reduce the values of any properties surrounding this type of land. There is also proven
added re-sale time and reduction to value of rural/residential areas sitting beside recently re zoned industrial land throughout PNCC
area.
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The only risk to sub division is the location of one business (JP Wares) compared to the 8 surrounding residential properties which
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Why have an isolated Industrial area in Shirrlffs road when there Is a proposed industrial area only 3 kms away in longburn.
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Decision Request for unrestricted hours of operation will have exactly the same effect as an Industrial zone.
would benefit from residential re zoning.
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lack of consideration to surrounding concerned parties through little or no consultation prior to submission of original party.
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Noise, dust! light and odour and visual Impact to the area.
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Damage to road and road verge of Shirriffs road from heavy vehicles.
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Potential increase to accidents at Shirrlffs road with added traffic.
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Increased risk to pedestrians and cyclists on Shirriffs road.
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Existing local sewage system struggles with current use, if there Is a change to current situation} more toilet facilities could beaded
putting further pressure on this situation.
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If more hard surfaces were laid In the yard, it would stop more natural soaking of rain water In an already prone to flooding area.
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Increased heavy vehicle traffic, combined with Sunday Go Cart meets will add more traffic risk to the intersection.
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This has had real time effect on future planning of our lives and where we would like to move fOlVJard with our personal financial
planning. Having Industrial land beside us would significantly restrict if not stop those plans.
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We would have never considered purchasing this property if 31 Shirrlffs Road was an Industrial zone already.
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It would be a considerable lifestyie change for all individual parties.
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John and Tina Ware could have better land available at their own residence In Balnesse where there would be less residential
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Why do the original parties have to be given a copy of this submission when they original submission has no requirement to individually
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All original parties (apart from JPWare) in the Plan (R9.6.6 Existing Industries) have low or no residential properties surrounding their
properties surrounding the Trusts operations therefore have less disruption on other parties lives.
inform any affected parties?
Industries. jp Ware has 6 residential properties directly attached plus 1 lifestyle block.
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5.
There are 13 properties within approximately 100 meters that will be affected by this requested change If approved.
I seek the following decision from the Palmerston North City Council:
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Declining all parts of the original submission
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Leave operating hours to current hours set
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Consider cancelling permitted operations and move business to Industrial zone 3 kilometres down the road In the newly proposed
Industrial zone of Longburn community.
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Removing Wj and RB Ware Limited from R9.6.6 Existing Industries, as they are the original business described In that clause no longer
operating from that site
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jP Ware Transport and JB Ware Family Trust not to be added, as they are a new company and not part of the existing Industry
mentioned In this clause.
6.
Do you wish to be heard in support of your submission?
Please Indicate
Yes
7.
If others make a similar submission would you be prepared to consider presenting a joint case with them
Please indicate
at any hearing?
Yes
NOTES TO PERSON MAKING SUBMISSION
PLEASE SEND YOUR SUBMISSION BY:
1.
Mailing to:
A copy of this further submission form MUST be
Private Bag 11-034, Palmerston North
five working days after the day on which the
ATTENTION: Team Leader - Governance and
further submission is provided to the Council.
2.
Palmerston North City Council
served on the original submitter not later than
If you are making a submission to the
Environmental Protection Authority, you should
Support
Faxing to:
063554115
Delivering to:
Council's Contact Services Centre, Te
use form 16C.
Manaakitanga 0 Hineaute, Civic Administration
This submission should be received by the
Building, The Square, Palmerston North
Palmerston North City Council BY THE CLOSING DATE
Visiting our website:
www.pncc.govt.nz to make a submission
for further submissions to the Plan Change.
Emailing to:
[email protected]
PRiVACY ACT NOTE: PLEASE NOTE ALL iNFORMATION IN YOUR SUBMISSION, INCLUDING YOUR PERSONAL INFORMATION, WILL BE
USED TO PROGRESS THE PROCESS OF THIS PLAN CHANGE AND WILL BE MADE PUBLICLY AVAILABLE.
Palmerston North City Council
Private Bag 11·034
Palmerston North 4410
AnENTION: Team Leader - Governance and Support
Number of additional sheets attached - _2_
PLEASE:
•
•
Read ALL instructions carefully
Print clearly and complete ALL sections in this form (A number of people will read your submission, so piease make
sure it can be easily photocopied, read and understood).
•
•
•
Use separate submission forms for different Plan Changes.
Don't forget to provide a PHYSICAL ADDRESS, POSTAL ADDRESS and CONTACT PHONE NUMBER.
Use additional sheets of paper if necessary, indicate above if you are doing so and attach them securely to this
form.
Preferred title (please delete Inapplicable titles': Mr
Mrs
Miss
Ms
Other
FuJI Name of Further Submitter: Steve and Sandra Rowe
Plan Change Number:
15A & 15C
Plan Change Name: Rural Zone and Rural Subdivision & Boundary change Area
Your Physical Address (for courier purposes): 42 Pioneer Highway, Palmerston North
Postal Address: 42 Pioneer Highway Palmerston North
Phone (home): (06) 354 4552, 0274190216
Email: [email protected]
Signature:
Signature of the person making submission or the person authorised to sign on behalf of the person making submission.
(NOTE: A signature is not required if you are making a submission by electronic means.)
We oppose a neighbour's submission that will affect our property in the rural zone. They have made a submission requesting their
property should be re zoned Industrial.
I
J.P Ware Transport ltd, 31 Shirriffs Rd, Palmerston North
f=S
.
;:l~~
3. The particular parts of the submission that I support / oppose are:
See attached - Opposition to J.P Ware Transport ltds submission
4.
The reasons for my support or opposition are:
See attached
5.
I seek the following decision from the Palmerston North City Council:
l.
Reject the submission from J.P Ware Transport ltd and leave the current rural zoning of their property as Rural Zone land.
-
See attached.
2.
PNCCto leave rural zoned land between the racing zone, Shlrriffs Rd, Pioneer Highway and the Manawatu river all as Rural zone until
such time in future that all affected land owners are notified and a robust consultation process has been undertaken.
6.
Please indicate
Do you wish to be heard in support of your submission?
Yes
I
7. If others make a similar submission would you be prepared to consider presenting a joint case with them
Please Indicate
Yes
at any hearing?
NOTES TO PERSON MAKING SUBMISSION
PLEASE SEND YOUR SUBMISSION BY:
1.
Mailing to:
2.
A copy of this further submission form MUST be
Palmerston North City Council
served on the original submitter not later than
Private Bag 11-034, Palmerston North
five working days after the day on which the
ATIENTION: Team Leader - Governance and
further submission Is provided to the Council.
Support
If you are making a submission to the
Environmental Protection Authority, you should
Faxing to:
06 355 4115
Delivering to:
Council's Contact Services Centre, Te
use form 16C.
Manaakitanga 0 Hineaute, Civic Administration
Building, The Square, Palmerston North
This submission should be received by the
Palmerston North City Council BY THE CLOSING DATE
Visiting our website:
www.pncc.govt.nzto make a submission
for further submissions to the Plan Change.
Emailingto:[email protected]
PRIVACY ACT NOTE: PLEASE NOTE ALL INFORMATION iN YOUR SUBMISSION, INCLUDING YOUR PERSONAL INFORMATION, WILL BE
USED TO PROGRESS THE PROCESS OF THIS PLAN CHANGE AND WILL BE MADE PUBLICLY AVAILABLE.
21/05/15
Attachment: Opposition to Submission by J.P. Ware Transport Ltd, 31 Shirriffs Rd, Longburn
We would like to put on record our opposition to the submission by 1.P Ware Transports Ltd for
rezoning their property at 31 Shirriffs Rd, Longburn. We have also included our name on a
submission by our neighbours James & Tiffany Good.
We would like to make the following points regarding J.P. Ware Transport Ltds submission:
We aiso note that J.P. Ware Transport Ltd submitted a submission on the Proposed Private Plan
Change B- Pioneer City West Limited in November 2013
Here is a Quote from their November 2013 submission:
'a decision on changing the outer areas from their current Rural Status should not be entered
into without a full process and notifying all the Land owners. Currently all the land owners south
of SH56/Pioneer Highway are under the understanding that "development will not occur" on
their land (as per letter PNCC)'
We totally agree with this statement that J.P Ware Transport Ltd made in November 2013. No
decision should be entered into without a full process and notifying all the Land owners. They
now appear to be using the 15A: Rural Zone and Rural Subdivision Review process to further
their own agenda. We don't think this is appropriate.
Strangely enough, this time, the submitter makes no consideration whatsoever to the local
neighbours liVing in the area. They have not asked or even considered the other neighbours
wellbeing. We live in this rural area with a reasonable number of other people. They do not live
on their site or in fact they don't even live in the area.
J.P Ware Transport Ltd have a relatively small back section of approximately one acre with an old
shed on It which they operate from. There are seven individual residential houses on their
boundary. In fact, six of these residential dwellings are within 25 metres of their yards boundary,
and they want to be zoned Industrial, 24/7. Unbelievable, selfish, and just incredible to even
think about operating from this site right now, let alone seeking to have the zoning changed.
There appears to be more of a financial motive to the submitter's long-term goals than the direct
needs of their business or the neighbours. We would suggest that their financial gain will be at
the direct financial determent of all the surrounding property owners.
The submitter makes the claim (and uses the dubious term 'to the best of our knowledge') that
there are 12 other businesses operating down Sheriffs Rd. A lot of these other business are rural
based (ie Horse racing), home-based, and yes, at least one that should not be operating at all.
The ones operating without present necessary consents are really a council issue and are not
justification for the submitters land use change or even continuation of their present operation.
For clarity, balance, and fairness of the review process, we make the following notes regarding
claims made by the submitter, J.P Ware Transport Ltd in their submission:
1. On the PNCC official submission form: 1. Gain or affect
A. Could you gain an advantage in trade competition through this submission?
J.P Ware Transport ltd have indicated NO
Clearly this is a false declaration. We note that the capital value of their property is
$200,000. Any other similar type operator, operating from a commercial/industrial site
of similar size in Palmerston North would have a value of over twice this. They enjoy a
huge financial advantage over their competitors by operating from this rural zoned site.
1. The submitter's heavy reference to 'response to emergency callouts' is in itself very miss
leading. They are not an ambulance or fire vehicle operator. They somewhat make out
they are more important than the reality of things. Giving someone a tow because they
run out of petrol is fairly low down on the emergency scale. There are plenty of available
other towies who operate from consented commercial properties after hours to service
these calls.
2. The submitter makes mention of 'washing our vehicles'. This should raise alarm bells
and the council needs to investigate straight away. Is the contaminated water runoff
from these commercial vehicles held somewhere or is it just let to run into the local
storm water? Have J.P Ware Transport ltd got the necessary consents to permit this
practice? This is rural zoned land.
3. The submitters claim that the 12 hour limit 'restricts our business opportunities.......it is
important to the survival of our company'. This may be a miss leading statement
designed to evoke sympathy. Are they prepared to submit their financial accounts to the
Council to back up this claim?
4. We believe it is a bit of a 'stretch' to claim to be part of a family business that has
operated for 60 years so therefore consent should be given. Yes it does appear that the
original operators lived on the site, but to now run a business on this site, one that you
don't even live on, and furthermore, that is nothing like the original business, linked only
to the fact that the submitter is a relative, is in no way justification for any change of use
or even continuation of their present operation on site. We think the council would be
transgressing into very dangerous territory if it followed this line of thinking.
At this point in time, we believe that the submitter should not even be operating at all
from the site and the council needs to investigate.
5. The submitter states 'We do not understand how the Longburn Garage qualifies for
rezoning'. The submitter is really grabbing at fresh air here. This has no relevancy at all to
their proposal. The Longburn Garage is a commercial petrol station on a state highway.
Very miss leading at best to even suggest some kind of similar use.
We don't necessarily disagree with the J.P Ware Transport ltd in their submission when they
make the statement 'we suggest an industrial zone may even be preferable given the increased
potential for subdivision if the land retains its rural zone'
But this needs to be agreed to by all affected parties, just as J.P Ware Transport ltd said in their
November 2013 submission on the Proposed Private Plan Change B- Pioneer City West Limited
We remind you what J.P Ware Transport Ltd said at the time:
'a decision on changing the outer areas from their current Rural Status should not be entered
into without a full process and notifying all the Land owners. Currently all the land owners
south of SHS6/Pioneer Highway are under the understanding that "development will not
occur" on their land (as per letter PNCC)'
WE ask that the review panel keep the status quo until such time as full consultation with all
landowners in the area is undertaken. No individual property zone change should be made in the
meantime that effects other property owners.
Regards,
Steve and Sandra Rowe
42 Pioneer Highway
Palmerston North