1
IN THE MATTER of the Resource Management Act 1991
AND
IN THE MATTER of the Proposed Auckland Unitary Plan
STATEMENT OF PRIMARY EVIDENCE OF PETER NEEVE ON BEHALF OF
DRIVE HOLDINGS LIMITED AND UP MANAGEMENT LIMITED (SUCCESSOR TO
RETAIL HOLDINGS LIMITED) IN RELATION TO
TOPIC 027 – ARTWORKS, SIGNS AND TEMPORARY ACTIVITIES
SUBMISSION NUMBER 1686
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CONTENTS
1.
Introduction
2.
Code of Conduct
3.
Scope of Evidence
4.
Submission 1686
5.
Temporary Activities
6.
Summary
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1.0
INTRODUCTION
1.1
My name is Peter Neeve. I am a Resource Management Consultant and a Director of
Peter Neeve Planning Consultants Limited. I hold the qualification of Bachelor of
Regional Planning from Massey University and am a Full Member of the New Zealand
Planning Institute. I have some 20 years’ experience in Town Planning and Resource
Management.
2.0
CODE OF CONDUCT
2.1
I confirm that I have read the ‘Code of Conduct for Expert Witnesses’ as contained in
the Environment Court Practice Note 2014. I agree to comply with this Code of
Conduct. In particular, unless I state otherwise, this evidence is within my sphere of
expertise and I have not omitted to consider material facts known to me that might
alter or detract from the opinions I express.
3.0
SCOPE OF EVIDENCE
3.1
In this evidence I will discuss:
3.2
Submission (1686)
3.3
Temporary activities as provided for in the Proposed Auckland Unitary Plan (PAUP) in
terms of:
H.6.5 –Temporary activities rules
3.4
Summary
4.0
SUBMISSION (1686)
4.1
Submission (1686) by Drive Holdings Limited and UP Management Limited as the
successor to Retail Holdings Limited (The Submitters) is listed for hearing in relation
to the Part 3 - Regional & District Rules Chapter H: 6 General 6.5 Temporary
Activities.
The Submitters are the registered proprietor and manager respectively of land in the
Mission Bay Business Centre including the properties at 65 – 71 Tamaki Drive and 3
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-4Patteson Avenue and the properties at 6 – 10, 12 – 12 B and 14 Patteson Avenue
and 75 – 79, 81 - 87 and 89 – 97 Tamaki Drive, Mission Bay. This land is developed
with a mix of commercial and residential activities.
4.2
The Submitters explain their position on the Temporary Activity provisions in the
notified Unitary Plan in paragraphs 4 t, u, and v of their submission with more specific
relief stated in paragraph 5 i) and j) of their submission.
4.3
Essentially the Submitters’ submission explains the background to their submission
on Temporary Activities below which state:
(t) The Submitters generally support the activity status rules in H.6.5.1 – Regional
and District Rules, Auckland-wide, Temporary Activities – Activity Table. However
the Submitters note that frequent temporary activities in the Public Open Space
zone at Mission Bay has the potential to duplicate the activities carried on in the
businesses in the Mission Bay Business Centre that pay rent, rates and provide
car parking to operate in the Business 8 or Business 1 zone and future Local
Centre zone.
(u) The Submitters support that temporary activities in public places up to 5
consecutive days are permitted and more than 5 consecutive days are
discretionary but consider that there should also be a limitations for the number
of “consecutive activities up to 5 days” by limiting these to 3 times between 1
October and 31 April above which these events should also become
discretionary activities.
(v) The Submitters consider that an additional category of temporary activity in public
places of more than 3 days duration where patrons must pay to access an
exclusive area should be listed in the activity table and these activities should be
a discretionary activity so that notification can occur and adverse effects on
existing businesses in the locality can be assessed.
Relief Sought
The Submitters seeks the following decision from Auckland Council:
(i)
Amend H.6.5.1 – Regional and District Rules, Auckland-wide, Temporary
Activities – Activity Table “temporary activities in public places up to 5
consecutive days” to limit these as permitted activities up to 3 times in any one
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-5location between 1 October and 31 April above which these events become
discretionary activities.
(j)
Add a new activity to H.6.6.5.1 Activity Table of “Temporary activities in public
places (except in the City Centre and Metropolitan zones) more than 3
consecutive days where patrons must pay to access an exclusive area” and
make this a discretionary activity on land and non complying in the CMA.
5.0
Temporary Activities
5.1
Rule H.6.5 contains an activity table, controls, and assessment criteria relating to
temporary activities. Rule H.6.5 sits under the ‘Auckland Wide: General’ section of the
PAUP, and therefore applies region wide across all zones.
5.2
The activity table lists a range of General Temporary Activities (not otherwise
provided for) and specific temporary activities such as noise events, filming activities,
markets, and military training activities, which have different activity statuses.
5.3
The General Temporary Activities section of the activity table provides broad
provisions which apply to those temporary activities not otherwise specified elsewhere
in the activity table, or elsewhere in the PAUP.
5.4
Rule H.6.5 in the notified PAUP provides for temporary activities located outside of
the City Centre and Metropolitan Zones for up to five consecutive days as a permitted
activity. Council is proposing that this number be increased to six consecutive days to
accord with Section 53 of the Reserves Act which states that activities on recreation
reserves can be approved for up to 6 consecutive days. This change is not opposed
by the Submitters.
5.5
While the duration of general temporary activities is restricted, Rule H.6.5 does not
limit the frequency of general temporary activities in any particular location, with the
exception of temporary activities held in the Auckland Domain and some specific
temporary activities, such as noise events and military training activities.
5.6
Therefore, provided general temporary activities comply with duration limits and any
relevant land use controls applicable to that particular temporary activity, then the
activity is not limited in the number of times it may occur per year in any location
Auckland wide.
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-65.7
All events in public places in Auckland also require an event permit from the Event
Unit of the Council. The Council is presently also processing the proposed Trading &
Events in Public Places (TEPP) Bylaw. Under the proposed TEEP Bylaw an ‘event’
means an organised temporary activity that takes place on one or more days that is
outside the normal expected use of a site and includes an organised gathering,
parade, protest, wedding, private function (which is independent of premises),
festival, concert, celebration, multi venue sports event of a significance scale, fun run,
marathon, duathlon or triathlon.
5.8
The current event permit process and the proposed process under the proposed
TEEP Bylaw considers matters including access and pedestrian and traffic safety;
impacts of smell, glare, light spill and appearance; compliance with health and safety
regulations; the suitability of the person or persons undertaking the activity; damage
to public property; security; and set-up and take-down procedures. Consultation is
also undertaken with stakeholders for a specific event.
5.9
This may operate satisfactorily in public places across the City where temporary
activities are held on an occasional basis. However, the Mission Bay town centre and
the adjacent Selwyn Reserve and Mission Bay beach area are very popular public
destinations within the City. The reserve and beach are well used by the general
public year round but are particularly busy during the summer months when they are
also used for a range of temporary activities.
5.10
Over the period from 2 October 2014 through to the 30 April 2015 I found 25
occasions when the Selwyn Reserve and beach areas were used for events,
including individual events that were part of a series. This is more than one event
every 1.5 weeks, on average, over this period.
5.11
Generally these temporary activities are of a short duration with most occurring over
the course of a single day or part of the day e.g. Stroke and Stride events. They do
not usually prohibit access to the reserve or beach, they only occupy a small area of
the reserve and they are often held earlier in the morning or in the evenings when
there are generally fewer people using the reserve or the beach.
5.12
Consequently, these types of temporary activities that occur over a 1-2 day period
(including pack-in and pack-down) have a low level of impact on the reserve and the
amenity of the surrounding area.
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-7-
5.13
However, temporary activities that are larger scale and of a longer duration,
particularly those that restrict access to the reserve and private property are of
concern to the Submitters, as these types of activities have the potential to adversely
affect the amenity and well-being of residents and business activities.
5.14
The Mission Bay Jazz & Blues Streetfest (the Streetfest) is an example of the type of
larger scale temporary activity that has been held in the Selwyn Reserve and that
occurs over the course of several days (including pack-in and pack-down). With
upwards of 20,000 people attending this event it causes significant disruption within
the Mission Bay area generally. It involves the closure of roads, the fencing off and
screening of the majority of Selwyn Reserve, the Mission Bay beach and Tamaki
Drive between Aitkin Avenue and Marau Crescent. Patteson Avenue between Tamaki
Drive and Marau Crescent is also closed, affecting access to the business parking
areas within the Mission Bay Town Centre. Parking restrictions are also put in place
on some local roads e.g. Patteson Avenue on both sides between Marau Crescent
and Kepa Road, a distance of some 2km. Both the pack-in and the pack-down involve
disruption to some surrounding roads as on-street parking is restricted during these
times.
5.15
To my knowledge past Streetfest events have not required resource consent and
have been permitted as temporary activities with the granting of an Event Permit.
5.16
While Council’s vision to encourage temporary activities that contribute to Auckland’s
vibrancy, vitality and liveability is supported by the Submitters and while events such
as the Streetfest are festive occasions that add to the vibrancy of the area, this type
of event or temporary activity also has the potential to adversely affect the amenity
and well-being of local residents and business activities and the general public
wishing to use Selwyn Reserve and the Mission Bay beach.
5.17
As a one-off annual or very occasional event, adverse effects on the amenity and
well-being of local residents, business activities and visitors to the area may be
considered acceptable. However, were these types of events to be held more
frequently in the Selwyn Reserve, particularly ones where access to properties is
restricted; streets are closed; and large areas of the reserve and beach are occupied
exclusively by the temporary activity and the general public’s access to the reserve
and beach is restricted and in some cases prohibited, this may not be the case.
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5.18
This is acknowledged in Part 2 Chapter C Auckland-wide objectives and policies 7.5
Background, where it is stated that temporary activities can result in conflicts, such as
constraining public access. They can also cause adverse effects to businesses,
visitors, and residents quality of life and livelihoods.
5.19
The consideration of the cumulative effects of temporary activities is acknowledged in
the objectives for temporary activities in Part 2.C.7.5 Objective 2.
Objective 2 reads as follows:
2.
Temporary activities are located and managed to mitigate long term and
cumulative adverse effects on people, property and the environment.
5.20
There are mechanisms other than the PAUP through which the effects of temporary
activities are managed including proposed by-laws and the event permit process.
However, in my opinion these other mechanisms are designed to manage the effects
of single events, or possibly an activity involving a series of events, and they may
address the cumulative effects of temporary activities but only in terms of the duration
of a particular activity.
5.21
As I have discussed, temporary activities within Selwyn Reserve that are held over a
number of days, and particularly those events that restrict access to the reserve and
private property, have the potential to cause a significant disruption given the
particular characteristics of this area of Mission Bay.
5.22
The frequency with which general temporary activities of a longer duration are held
e.g. 3 days or more is an important factor in ensuring that a reasonable standard of
amenity and well-being is maintained for local residents, business activities and
visitors to the Mission Bay area.
5.23
Council, in its statement of evidence, acknowledges that an event occurring
frequently may result in adverse effects for a particular area but that the imposition of
a broad frequency limit through Rule H.6.5 applying region wide is considered by
Council to be inappropriate across all ‘public places’.
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-95.24
While limiting the frequency of all temporary activities across all public places may not
be appropriate, Selwyn Reserve is a very popular destination for Auckland residents
and visitors to Auckland alike and Selwyn Reserve and the beach together are
recognised as one of Auckland city’s most popular waterfront locations.
5.25
Given that temporary activities that occur for up to 2 consecutive days do not
generally cause any noticeable disruption to the use of the reserve or to the
surrounding area it is not considered necessary or appropriate to limit the frequency
of these types of activities.
5.26
However, given the popularity and busy nature of the Mission Bay Town Centre and
the adjacent reserve and beach areas and the frequent use of Selwyn Reserve and
the Mission Bay beach for temporary activities over the busy summer months, the
Submitters consider it important that the frequency of the use of Selwyn Reserve for
temporary activities that are held over 3 or more consecutive days is limited.
5.27
To enable this, it is proposed that Rule H.6.5 be amended so that general temporary
activities in public places (except within the City Centre and Metropolitan Centres) are
permitted up to and including six consecutive days but that the frequency of certain
temporary activities held in the Selwyn Reserve is limited. The proposed changes to
the temporary activities activity Table 1A are shown below inserted between the
provisions applying for the Domain and the provisions applying for the CMA in the
following table (refer to underlined italic text).
Activity
CMA
(rcp)
Land
(dp)
NA
P
[Table 1A continues above] ...
Temporary Activities in the Auckland Domain
 For up to 12 consecutive days, and
 For up to three times between 2 October and 31 April
Temporary activities in the Auckland Domain not otherwise NA
provided for
RD
Temporary Activities in Selwyn Reserve at Mission Bay up to
2 consecutive days
NA
P
Temporary Activities in Selwyn Reserve at Mission Bay
 For 3 or more days and up to 6 consecutive days, and
 For up to three times between 2 October and 31 April
NA
P
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- 10 Temporary activities in Selwyn Reserve at Mission Bay
 For 3 or more days, and
 Where patrons pay to access an exclusive area
NA
D
Temporary activities in Selwyn Reserve at Mission Bay not
otherwise provided for
NA
RD
... [Table 1A continues below]
It is also proposed to amend 3.1 Matters of discretion as follows (refer to underlined
italic text).
3. Assessment - Restricted discretionary activities
3.1 Matters of discretion
The council will restrict its discretion to the matters below for the activities listed as
restricted discretionary in the activity table.
1. Temporary activities:
- in public places within the area of the City Centre and Metropolitan Centres
zones for more than 21 consecutive days,
- temporary activities in the Auckland Domain not otherwise provided for,
- temporary activities in Selwyn Reserve at Mission Bay not otherwise provided for,
- temporary activities in public places in the CMA (except in the City Centre and
Metropolitan Centre zones) not otherwise provided for, and
- noise events on private land (except sites within residential zones)
a. noise, lighting and hours of operation
b. traffic and access
c. visual amenity. land disturbance
6.0
SUMMARY
6.1
Council’s vision to encourage temporary activities that contribute to Auckland’s
vibrancy, vitality and liveability is supported.
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However, Mission Bay is a busy area and Selwyn Reserve is a very popular
destination for Auckland residents and visitors to Auckland alike and Selwyn Reserve
and the Mission Bay beach are recognised as one of Auckland city’s most popular
waterfront locations.
6.3
In addition, the reserve and beach together are frequently used for temporary
activities on a regular basis, particularly over the summer months.
6.3
Generally these temporary activities are of a short duration and they don’t usually
prohibit access to the reserve or beach, they only occupy a small area of the reserve
and they are often held earlier in the morning or in the evenings when there are
generally fewer people using the reserve or the beach.
6.4
Consequently, these types of temporary activities that occur over a 1-2 day period
have a low level of impact on the reserve and the amenity of the surrounding area.
6.5
However, temporary activities that are larger scale and of a longer duration,
particularly those that restrict access to the reserve and private property are of
concern to the Submitters, as these types of activities have the potential to adversely
affect the amenity and well-being of residents and business activities.
Peter Neeve
Date: 13 March 2015
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