DECISIONS ON SUBMISSIONS TO VARIATION 13: RESIDENTIAL … · V13/007 M Mildon Reject V13/008 B...

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124/8/15 - Variation 13 – Residential Centres - Council decisions – 20 November 2009 1 DECISIONS ON SUBMISSIONS TO VARIATION 13: RESIDENTIAL CENTRES HAMILTON CITY PROPOSED DISTRICT PLAN NOVEMBER 2001 (REFERENCES VERSION) That pursuant to sections 37, 37A and Clause 10 of the First Schedule of the Resource Management Act 1991 Hamilton City Council resolved on 20 November 2009 to accept, accept in part or reject the submissions relating to Variation 13 – Residential Centres to the Hamilton City Proposed District Plan in accordance with the following: This key provides a guide to the interpretation of changes: Underlined text : new text as a result of considering submissions and further submissions or in response to issues raised at the Hearing; Struck Through text : original text to be deleted as a result of considering submissions and further submissions or in response to issues raised at the Hearing. 3.2 GENERAL 3.2.1 Adoption of Variation 13 That the Variation as a whole be confirmed subject to the amendments contained in the following sections 3.3, 3.4 and 3.5. That new standard be inserted under Rule 4.1.3(j) along with consequential renumbering for Rule 4.1.3(j) as follows: 4.1.3.(j)(i) The residents of the properties immediately adjoining the site shall be advised in writing as a minimum of the pending establishment of the managed care facility and given information regarding the type of care to be provided and be provided with contact person details. Reasons 1 The amendments to the Proposed District Plan contained in Variation 13 achieve the purpose and principles of the Resource Management Act 1991. 2 The amendments to the Proposed District Plan contained in Variation 13 assist in maintaining the integrity of and keeping the District Plan up-to- date. 3 That Variation 13 is not contrary to Hamilton City Council Policies and Strategies. 4 That Variation 13 does not contravene any other legislation, in particular the Human Rights Act 1993 or the NZ Bill of Rights 1990.

Transcript of DECISIONS ON SUBMISSIONS TO VARIATION 13: RESIDENTIAL … · V13/007 M Mildon Reject V13/008 B...

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DECISIONS ON SUBMISSIONS TO VARIATION 13: RESIDENTIAL CENTRES

HAMILTON CITY PROPOSED DISTRICT PLAN NOVEMBER 2001 (REFERENCES VERSION)

That pursuant to sections 37, 37A and Clause 10 of the First Schedule of the Resource Management Act 1991 Hamilton City Council resolved on 20 November 2009 to accept, accept in part or reject the submissions relating to Variation 13 – Residential Centres to the Hamilton City Proposed District Plan in accordance with the following:

This key provides a guide to the interpretation of changes: Underlined text : new text as a result of considering

submissions and further submissions or in response to issues raised at the Hearing;

Struck Through text: original text to be deleted as a result of

considering submissions and further submissions or in response to issues raised at the Hearing.

3.2 GENERAL 3.2.1 Adoption of Variation 13

That the Variation as a whole be confirmed subject to the amendments contained in the following sections 3.3, 3.4 and 3.5. That new standard be inserted under Rule 4.1.3(j) along with consequential renumbering for Rule 4.1.3(j) as follows: 4.1.3.(j)(i) The residents of the properties immediately adjoining the site shall be advised in writing as a minimum of the pending establishment of the managed care facility and given information regarding the type of care to be provided and be provided with contact person details.

Reasons 1 The amendments to the Proposed District Plan contained in Variation 13

achieve the purpose and principles of the Resource Management Act 1991. 2 The amendments to the Proposed District Plan contained in Variation 13

assist in maintaining the integrity of and keeping the District Plan up-to-date.

3 That Variation 13 is not contrary to Hamilton City Council Policies and

Strategies. 4 That Variation 13 does not contravene any other legislation, in particular

the Human Rights Act 1993 or the NZ Bill of Rights 1990.

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5 Variation 13 assists in achieving Council’s Key Policy Strategies. 6 The amendments to Variation 13 are consistent with relevant case law, in

particular Mental Health Commission, Department of Corrections & Others v Manukau City Council A096/05.

7 The provision to require that the immediately surrounding residents of a

managed care facility be informed of its the pending establishment acknowledges the important placed on community awareness.

Submission Schedule V13/001 B Bourke Accept in Part V13/002 CR Johnston & V Law Accept in Part V13/003 AP Hurford Accept in Part V13/004 R Burke Accept in Part V13/005 R & L Cuming Accept in Part V13/007 M Mildon Reject V13/008 B Bailey Accept in Part V13/009 R & C Milne Accept in Part V13/010 YS & KB Chin Accept in Part V13/012 Supporting Families with Mental Illness Reject V13/013 M Liddle Accept in Part V13/014 R Elliott Accept in Part V13/016 P Allen Accept in Part V13/017 C Howlett Accept in Part V13/019 T Miller Accept in Part V13/020 M Williams Accept in Part V13/021 T Main Accept in Part V13/022 J Massey Accept in Part V13/023 R Agnew Accept in Part V13/024 T George Accept in Part V13/025 J Shaw Accept in Part V13/026 M Jardine Accept in Part V13/027 C Eames Accept in Part V13/029 L Leach Accept in Part V13/031 L Beaton Accept in Part V13/032 J Tan Accept in Part V13/033 D Hansen Accept in Part V13/034 GB Singh Accept in Part V13/035 Y Song Accept in Part V13/036 S Moore Accept in Part V13/037 C Hart Accept in Part V13/038 T Drake & J Curtis Accept in Part V13/039 J Schellingerhout Accept in Part V13/040 Y Wu Accept in Part V13/041 C Wilson Accept in Part V13/042 N Manoharan Accept in Part V13/043 K Swindley Accept in Part V13/044 A Hurn Accept in Part V13/045 M Jennings Accept in Part V13/046 N Sainsbury Accept in Part V13/047 W Urven Accept in Part V13/048 M Champion Accept in Part

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V13/049 A Hall Accept in Part V13/050 N Cox Accept in Part V13/051 F Hayward Accept in Part V13/052 A Moss Accept in Part V13/053 S Hayward Accept in Part V13/054 R Merriman Accept in Part V13/055 W Farnworth Accept in Part V13/056 A Champion Accept in Part V13/057 H Richardson Accept in Part V13/058 L Edge Accept in Part V13/059 J McHerney Accept in Part V13/060 S Edgecombe Accept in Part V13/061 P Crutchley Accept in Part V13/062 A Lal Accept in Part V13/063 M Bryant & G Alexander Accept in Part V13/064 N Sainsbury Accept in Part V13/065 IDEA Services Ltd Reject V13/066 R Lucas Accept in Part V13/070 G Denny Reject V13/071 L Denny Reject V13/072 T Hockey Accept in Part V13/073 J Robertson Accept in Part V13/074 S Tritt Accept in Part V13/075 I Tritt Accept in Part V13/077 A McKim Accept in Part V13/078 J Kerby Accept in Part V13/079 A Brown Accept in Part V13/080 B Foy Accept in Part V13/081 Waikato District Health Board Accept in Part V13/082 J Raine Accept in Part V13/083 D Wade Accept in Part V13/084 M Waide Accept in Part V13/085 M Davey Accept in Part V13/086 D Dowd Accept in Part V13/087 K Dowd Accept in Part V13/089 M Asterlla Accept in Part V13/090 A Quinlan Accept in Part V13/091 L Renner Accept in Part V13/093 S Alsemgeest Accept in Part V13/094 Salvation Army Accept in Part V13/099 W & K Johnson Accept in Part V13/0103 T Sothieson Accept in Part V13/0104 P Vigneswaran Accept in Part V13/0105 J Ottaway Accept in Part V13/0106 D Bennett MP Accept in Part V13/0108 L McPherson, Y Yee & Dr J Richard Accept in Part V13/0109 C & E Appleton Accept in Part V13/0110 S Lee Accept in Part V13/0111 L Harman Accept in Part V13/0112 J Dawson Accept in Part V13/0113 K Frewen Accept in Part V13/0114 J & C Van Oosterom Accept in Part V13/0115 E Gardener Accept in Part

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V13/0118 Department of Corrections Reject V13/0119 Hauora Waikato Maori Mental Health Accept in Part Services Trust V13/0120 J O’Brien Accept in Part V13/0122 P Dornauf & C Mataira Accept in Part V13/0123 R Clark Accept in Part V13/0124 A Moxham Accept in Part V13/0125 D Dent-Allen Accept in Part V13/0127 Youth Horizons Reject V13/0129 Community Living Trust Reject V13/0132 Hamilton Christian Nightshelter Trust Reject V13/0135 Housing New Zealand Corporation Reject V13/0137 Anglican Action Reject V13/0141 Office for Disability Issues Reject V13/0142 Sarvee International Ltd Reject V13/0145 SHAMA Reject V13/0146 Director of Mental Health Accept in Part V13/0148 Human Rights Commission Accept in Part V13/0150 Te Puni Kokiri Reject V13/002F A Moss Accept in Part V13/003F N.Z. PARS Reject V13/005F C Tomlinson Accept in Part V13/006F S Osborne Accept in Part V13/007F Te Roopu Taurima O Manukau Trust Reject V13/008F PB Allan Accept in Part V13/009F B Bourke Accept in Part V13/0010F Min Social development & Employment Accept in Part V13/0011F Department of Corrections Reject V13/0012F Social Development Team, Wintec Reject V13/0013F Mental Health Commission Reject V13/0015F Housing NZ Corporation Reject V13/0016F Te Whare O Te Ata Trust Reject

3.3 MANAGED CARE FACILITIES 3.3.1 Activity status of Managed Care Facilities That Rule 4.1.1 a) Permitted Activity bullet point 6 be amended as follows:

• Managed Care Facilities for no more than seven residents (calculated in

accordance with the definition of Managed Care Facilities) with exception

of emergency housing where the maximum number of residents is no more

than ten Residential Centres (other than in the Claudelands West Special

Character Area)

That a second bullet point be added to Rule 4.1.1 c) Restricted Discretionary

Activity as follows:

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• Managed Care Facilities for 8 -10 residents (calculated in accordance with

the definition of Managed Care Facilities) excluding Emergency Housing

- with discretion restricted to effects of the activity on residential amenity of the neighbouring properties and public safety, vehicular traffic, access and parking, proximity to other Managed Care Facilities, the cumulative effects, site layout, preparation of a Comprehensive Management Plan

That rule 4.1.1 d) Discretionary Activity bullet point four be amended as

follows:

• Managed Care Facilities for 11 or more residents (calculated in accordance

with the definition of Managed Care Facilities) including Emergency

Housing

That consequential amendment be made to insert under the heading ‘Means of Compliance’ in Rule 4.1 Residential the following to limit public notification for restriction discretionary managed care facilities to service only: Resource consent for Restricted Discretionary activities pertaining to Managed Care Facilities under Rule 4.1.1(c) will be processed without the need for public notification. Sections 95A(3) and (4) of the Resource Management Act will apply.

Reasons

1. The amendments to activity status for Managed Care Facilities under Rule 4.1.1 of the Proposed District Plan will provide for more effective and consistent administration of the District Plan.

2. The proposed amendments will improve the consistent administration of

the District Plan.

3. The amendment to the Proposed District Plan contained in Variation 13 achieves the purpose and principles of the Resource Management Act 1991.

4. The amendments to Variation 13 as notified will improve the consistent

administration of the District Plan.

5. Retaining Emergency Housing as a permitted activity but increasing occupancy acknowledges the sensitivities of such facilities with the need to care for adults and children at short notice while continuing to maintain control over potential effects.

6. Limiting notification for restricted discretionary activities continues to allow

the involvement of parties who are more likely to be affected by the proposal while acknowledging that the community in general will not be adversely affected.

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Submission Schedule: V13/0106 D Bennett MP Accept in Part V13/0128 JM Tucker Accept in Part V13/0137 Anglican Action Accept in Part V13/0146 Director of Mental Health Accept in Part V13/0148 Human Rights Commission Accept in Part

3.3.2 Definition of Managed Care Facilities

That the definition for Managed Care Facilities shall be amended as follows:

Managed Care Facilities means land or buildings, not constituting a household, in which residential accommodation, social, mental or physical health care or in which residential accommodation, supervision, assistance, care and/or support are provided by another person or agency for five or more residents. For the purpose of calculating the number of residents, account shall be taken of owners and/or staff and any of their children aged 16 years or older who reside on the premises. All other staff are excluded from that calculation. support is provided for five or more persons (excluding staff who do not live on the premises). They include but are not limited to, emergency housing and rehabilitation centres. They exclude:

• Hospitals

• Retirement villages

• Rest homes

• Residential centres

• Secure units

• Premises to which people are referred by a Court Order. (This excludes people subject to home detention under the Parole Act 2002).

• A residence established in accordance with section 364 of the Children, Young Persons and Their Families Act 1989, or replacement thereof, for young persons subject to supervision with residence order under that Act.

• A residence established in accordance with section 364(2)(d) of the Children, Young Persons and Their Families Act 1989, or replacement thereof

• Apartment Buildings

• Hospitals

• Retirement villages

• Rest homes

• Residential centres

• Secure units

That consequential amendments be made to insert definitions of Emergency Housing and Secure Unit as follows:

Emergency Housing – means any Managed Care Facility in which temporary

residential accommodation, care and/or support are provided by another

person or agency for five or more residents (including children) on an

emergency basis or for the personal protection. For the purpose of calculating

the number of residents, account shall be taken of owners and/or staff and any

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of their children aged 16 years or older who reside on the premises. Including,

but not limited to night shelters and women refuges.

Secure Unit – means land or buildings using physical barriers and/or guards

for the purpose of preventing departure from the facility for the primary

purpose of the protection of property and/or the security or safety of any

person other than staff, visitors and residents at the facility. For the purpose of

this definition ‘Managed Care Facilities’ that require to detain or confine a

resident for their own protection or for the protection of other people in the

facility are excluded.

Reasons

1. The amendments to the definition for Managed Care Facilities under Rule 8.0 of the Proposed District Plan will provide for more effective and consistent administration of the District Plan.

2. The administration, assessment and enforcement of the definition would

be difficult if the term ‘court order’ is retained because of the broad range of ‘court orders’ that can be imposed, and the legal requirements of the Privacy Act.

3. Refining the scope of exclusions removes the potential for the District Plan

to be contrary with other legislation, in particular the Children, Young Persons and Their Families Act 1989.

4. The Proposed District Plan contains specific standards for controlling the

density and layout of apartment buildings which are different from those that apply to detached dwellings. As the specific standards proposed in Variation 13 mainly apply to managed care facilities as detached dwellings/facilities it is appropriate to remove any anomaly by specifically excluding apartment buildings from the definition.

5. The exclusion of apartment buildings from the definition of MCF is

consistent with relevant case law, in particular A096/05 Mental Health Commission, Department of Corrections & Others v Manukau City Council.

6. The introduction of additional definitions for emergency housing and

secure unit will assist with interpretation and clarifications under managed care facilities.

Submission Schedule: V13/005 R&L Cuming Accept V13/006 Families Commission Accept V13/009 R&C Milne Reject V13/010 YS&KB Chin Reject V13/011 Mental Health Commission Accept V13/021 R Main Reject V13/044 A Hurn Reject V13/045 M Jennings Reject V13/054 R Merriman Reject

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V13/056 A Champion Reject V13/057 H Richardson Reject V13/062 L Lal Reject V13/069 T Westenra Accept in Part V13/077 A McKim Reject V13/081 Waikato District Health Board Accept in Part V13/082 J Raine Reject V13/084 M Wade Reject V13/086 D Dowd Reject V13/093 S Alsemgeest Accept in Part V13/094 The Salvation Army Accept in Part V13/095 T Hope Accept in Part V13/096 C Hope Accept in Part V13/097 W Reid Accept in Part V13/098 Pathway Trust Inc Accept in Part V13/0100 K Lewis Accept in Part V13/0102 Social Development Team, Wintec Accept in Part V13/0107 MR Dorsey Reject V13/0109 C Appleton Reject V13/0110 S Lee Reject V13/0114 J Van Oosteron Reject V13/0117 RM Black Reject V13/0118 Department of Corrections Accept in Part V13/0119 Hauora Waikato Maori Mental Health Service Accept in Part V13/0120 J O’Brian Accept in Part V13/0123 R Clark Accept in Part V13/0124 A Moxham Reject V13/0125 D Allen Reject V13/0127 Youth Horizons Reject V13/0128 JM Tucker Accept in Part V13/0129 Community Living Trust Accept in Part V13/0130 J Kneebone Reject V13/0131 R Knight Accept in Part V13/0135 Housing New Zealand Corporation Accept in Part V13/0138 DG Waugh Accept in Part V13/0139 PR Waugh Accept in Part V13/0140 J Holdom Accept in Part V13/0146 Director Mental Health, Min of Health Accept V13/0147 A Goble Reject V13/0149 Te Runanga O Kirikiriroa Trust Accept in Part V13/0150 Te Puni Kokiri Reject V13/003F N.Z.PARS Accept in Part V13/004F Anglican Action Reject V13/007F Te Roopu Taurima O Manukau Trust Accept in Part V13/0010F Ministry of Social Development & Employment Accept in Part V13/0011F Department of Corrections Accept in Part V13/0012F Social Development Team, Wintec Accept in Part V13/0013F Mental Health Commission Accept V13/0014F R Knight Accept in Part V13/0015F Housing New Zealand Corporation Accept in Part V13/0016F Te Whare O Te Ata Trust Accept in Part

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3.3.3 Rule 4.1.3(j)(i) Occupancy

That Rule 4.1.3(j)(i) as setout in Variation 13 as notified be deleted. Reasons

1. Rule 4.1.3(j)(i) occupancy is no longer required as a consequence of the

occupancy thresholds set out in the activity status for managed care facilities under Rule 4.1.1.

2. Residential amenity values will be maintained through retaining the

standards relating to, density, outdoor living and service areas.

Submission Schedule: V13/002 C Johnson & V Law Accept V13/011 Mental Health Commission Reject V13/081 Waikato District Health Board Reject V13/094 Salvation Army Reject V13/098 Pathway Trust Inc Accept in Part V13/0102 Academic Staff, Social Development Team, Reject

School of Ed and Social Dev, Wintec V13/0117 RM Black Reject V13/0118 Department of Corrections Accept in Part V13/0119 Hauora Waikato Maori Mental Health Service Reject V13/0127 Youth Horizons Reject V13/0128 JM Tucker Accept in Part V13/0133 Methodist City Action Accept in Part V13/0135 Housing New Zealand Corporation Reject V13/0136 Min of Social Development & Employment Accept in Part V13/0137 Anglican Action Reject V13/0138 D Waugh Reject V13/0141 Office for Disability Issues Reject V13/0145 SHAMA Reject V13/0146 Director of Mental Health Reject V13/0148 Human Rights Commission Reject V13/0150 Te Puni Kokiri Reject V13/003F N.Z.PARS Reject V13/004F Anglican Action Reject V13/007F Te Roopu Taurima O Manukau Trust Reject V13/0010F Ministry of Social Development & Employment Reject V13/0011F Department of Corrections Reject V13/0012F Social Development Team, Wintec Reject V13/0013F Mental Health Commission Reject V13/0015F Housing New Zealand Corporation Reject V13/0016F Te Whare O Te Ata Trust Accept in Part

3.3.4 Rule 4.1.3(j)(ii) Density

That Rule 4.1.3(j)(ii) be amended as follows:

4.1.3(j)(ii) The maximum density for a Managed Care Facility shall be:

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• One person per120 100m² of net site area in the Residential Zone or

• One person per 50m² of net site area in the Residential Zone (High Density Area)

Reasons 1. The proposed amendments will improve the consistent administration of

the District Plan. 2. The proposed amendment to Rule 4.1.3(j)(ii) will ensure that the character

and amenity of residential areas are maintained and protected.

Submission Schedule: V13/065 IDEA Services Limited Reject V13/094 The Salvation Army Accept in Part V13/098 Pathway Trust Inc Accept in Part V13/0118 Department of Corrections Reject V13/0119 Hauora Waikato Maori Mental Health Service Accept in Part V13/0127 Youth Horizons Reject V13/0135 Housing New Zealand Corporation Accept in Part V13/0146 Director of Mental Health Accept in Part V13/0148 Human Rights Commission Accept in Part V13/0150 Te Puni Kokiri Accept in Part V13/003F N.Z.PARS Reject V13/004F Anglican Action Reject V13/007F Te Roopu Taurima O Manukau Trust Accept in Part V13/0010F Ministry of Social Development & Employment Accept in Part V13/0011F Department of Corrections Reject V13/0012F Social Development Team, Wintec Reject V13/0013F Mental Health Commission Reject V13/0015F Housing New Zealand Corporation Accept in Part V13/0016F Te Whare O Te Ata Trust Accept in Part

3.3.5 Rule 4.1.3(j)(iii) Outdoor Living Area

That Rule 4.1.3 j) iii) be amended to read as follows: Rule 4.1.3(j)(iii) An Outdoor Living Area shall be provided which:

• Shall be for the exclusive use of the occupiers; and

• Shall be readily accessible for all occupiers; and

• Shall be free of driveways, manoeuvring areas, parking spaces, accessory buildings and service areas; and

• Shall have a maximum area of impermeable surface not exceeding 35% of the Outdoor Living Area.

• Shall be provided with a 1.8m high screen, wall or fence along that part of any site boundary adjoining the outdoor living area in order to screen the area from abutting properties.

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The Outdoor Living Area which shall be provided communally with a minimum area and dimensions as follows:

• 25 20m2 per person; and

• A minimum dimension of not less than 4 metres; and

• Capable of containing a 6 metre diameter circle. Upper floor decks wider than 1,000mm can be included in the calculation of the Outdoor Living Area, but not less than 60% of the Outdoor Living Area shall be provided at ground level

Reasons

1. The amendment to the Proposed District Plan contained in Variation 13

achieves the purpose and principles of the Resource Management Act 1991.

2. The standards contained in Rule 4.1.3(j)(iii) are consistent with the

objectives and policies of the Residential zone.

3. The amendments to the Proposed District Plan contained in Variation 13 will improve the consistent administration of the District Plan.

4. Requirement for 1.8 metre high fence does not meet the purpose and

principles of the Act.

Submission Schedule: V13/011 Mental Health Commission Accept in Part V13/065 IDEA Services Limited Accept in Part V13/094 The Salvation Army Accept in Part V13/098 Pathway Trust Inc Accept in Part V13/0118 Department of Corrections Reject V13/0119 Hauora Waikato Maori Mental Health Service Accept in Part V13/0129 Community Living Trust Reject V13/0135 Housing New Zealand Corporation Accept in Part V13/0136 Min of Social Development and Employment Reject V13/0137 Anglican Action Accept in Part V13/0146 Director of Mental Health Accept in Part V13/0148 Human Rights Commission Accept in Part V13/0150 Te Puni Kokiri Accept in Part V13/003F N.Z.PARS Accept in Part V13/004F Anglican Action Reject V13/007F Te Roopu Taurima O Manukau Trust Accept in Part V13/0010F Ministry of Social Development & Employment Reject V13/0011F Department of Corrections Reject V13/0012F Social Development Team, Wintec Reject V13/0013F Mental Health Commission Accept in Part V13/0015F Housing New Zealand Corporation Accept in Part V13/0016F Te Whare O Te Ata Trust Reject

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3.3.6 Rule 4.1.3 (j)(iv) Service Area

That there be no change to Rule 4.1.3(j)(iv). Reasons

1. The amendment to the Proposed District Plan contained in Variation 13

achieves the purpose and principles of the Resource Management Act 1991.

2. The standards contained in Rule 4.1.3(j)(iii) are consistent with the

objectives and policies of the Residential zone.

3. The amendments to the Proposed District Plan contained in Variation 13 will improve the consistent administration of the District Plan.

Submission Schedule: V13/098 Pathway Trust Inc Accept V13/0118 Department of Corrections Reject V13/0127 Youth Horizons Reject V13/0135 Housing New Zealand Corporation Accept V13/0150 Te Puni Kokiri Reject V13/003F N.Z.PARS Reject V13/004F Anglican Action Reject V13/007F Te Roopu Taurima O Manukau Trust Reject V13/0010F Ministry of Social Development & Employment Accept V13/0011F Department of Corrections Reject V13/0012F Social Development Team, Wintec Reject V13/0013F Mental Health Commission Reject V13/0015F Housing New Zealand Corporation Reject V13/0016F Te Whare O Te Ata Trust Accept

3.3.7 Rule 4.1.3 (j)(v) Qualified Staff

That Rule 4.1.3(j)(v) be amended as follows: 4.1.3(j)(v) Suitably qualified staff shall be present on site at all times. Staff providing supervision for managed care facilities accommodating eight or more residents shall be present on site at all times that residents are in occupation. Reasons 1. Rule 4.1.3(j)(v) achieves the purpose and principles of the Resource

Management Act 1991. 2. Provision of supervision for managed care facilities accommodating eight

or more residents will assist in managing potential effects and the amenity of the surrounding area.

3. The specific details pertaining to the qualifications held by staff is not

considered a valid Resource Management Act matter for consideration.

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4. The proposed amendment will better achieve the objectives and policies for

the Residential zone.

Submission Schedule: V13/011 Mental Health Commission Accept in Part V13/065 IDEA Services Limited Accept in Part V13/098 Pathway Trust Inc Accept in Part V13/0118 Department of Corrections Accept in Part V13/0119 Hauora Waikato Maori Mental Health Service Accept in Part V13/0127 Youth Horizons Accept in Part V13/0128 JM Tucker Accept in Part V13/0129 Community Living Trust Accept in Part V13/0136 Min of Social Development and Employment Accept in Part V13/0141 Office for Disability Issues Accept in Part V13/003F N.Z.PARS Accept in Part V13/004F Anglican Action Accept in Part V13/0010F Ministry of Social Development & Employment Accept in Part V13/0011F Department of Corrections Accept in Part V13/0012F Social Development Team, Wintec Accept in Part V13/0013F Mental Health Commission Accept in Part V13/0015F Housing New Zealand Corporation Accept in Part V13/0016F Te Whare O Te Ata Trust Accept in Part

3.3.8 Rule 4.1.3(j)(vi) Managed Care Facilities restricted to a Front or Corner Site That Rule 4.1.3(i)(vi) Front and Corner Sites be deleted. Reasons 1. The deletion of Rule 4.1.3(j)(vi) continues to allow Variation 13 to achieve

the purpose and principles of the Resource Management Act 1991.

2. Residential amenity values will be maintained through the standards relating to density, parking, outdoor living and service areas being retained.

Submission Schedule: V13/065 IDEA Services Limited Accept V13/098 Pathways Trust Accept V13/0118 Department of Corrections Accept in Part V13/0119 Hauora Waikato Maori Mental Health Accept Service Trust V13/0127 Youth Horizons Accept in Part V13/0129 Community Living Trust Accept V13/0135 Housing New Zealand Corporation Accept V13/0148 Human Rights Commission Accept V13/0150 Te Puni Kokiri Accept V13/003F N.Z.PARS Accept in Part V13/004F Anglican Action Accept in Part V13/007F Te Roopu Taurima O Manukau Trust Accept V13/0010F Ministry of Social Development & Employment Accept in Part

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V13/0011F Department of Corrections Accept in Part V13/0012F Social Development Team, Wintec Accept in Part V13/0013F Mental Health Commission Accept in Part V13/0015F Housing New Zealand Corporation Accept in Part V13/0016F Te Whare O Te Ata Trust Accept

3.3.9 Rule 4.1.3(j)(vii) Restrictions on a Cluster of Facilities

That Rule 4.1.3(j)(vii) Cluster Limitation be renumbered and amended as follows:

Rule 4.1.3(j)(vi) No part of any site to be used as a Managed Care Facility shall be located within a 250m 150m radius of an existing Managed Care Facility for which a resource consent was required for its establishment or operation unless the facilities are separated by the Waikato River, an arterial road or proposed arterial road, railway lines, or a gully system that is subject to Rule 2.1 Environmental Protection Overlay (refer to Figure 4.1-6)

That a consequential amendment be made to Rule 4.1 by inserting a new Figure 4.1-6 containing the following three diagrams.

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Figure 4.1-6 Clustering Radius Diagrams – Managed Care Facilities

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Reasons 1. The amendment to Rule 4.1.3(j)(vi) achieves the purpose and principles of

the Resource Management Act 1991. 2. The amendment to the rule as notified will improve the administration of

the District Plan. 3. The limiting of the ability for there to be a cluster of facilities is consistent

with relevant case law, in particular A096/05 Mental Health Commission, Department of Corrections & Others v Manukau City Council.

4. Rule 4.1.3(j)(vi) will ensure the character and amenity of residential areas

are maintained. Submission Schedule: V13/056 A Champion Accept in Part V13/065 IDEA Services Limited Accept in Part V13/094 The Salvation Army Reject V13/098 Pathway Trust Inc Accept in Part V13/0118 Department of Corrections Reject V13/0119 Hauora Waikato Maori Mental Health Reject Service Trust V13/0127 Youth Horizons Reject V13/0129 Community Living Trust Reject V13/0135 Housing New Zealand Corporation Reject V13/0137 Anglican Action Reject V13/0141 Office for Disability Issues Reject V13/0145 SHAMA Reject V13/0146 Director of Mental Health Reject V13/0150 Te Puni Kokiri Reject V13/003F N.Z.PARS Reject V13/004F Anglican Action Reject V13/007F Te Roopu Taurima O Manukau Trust Reject V13/0010F Ministry of Social Development & Employment Reject V13/0011F Department of Corrections Reject V13/0012F Social Development Team, Wintec Reject V13/0013F Mental Health Commission Reject V13/0015F Housing New Zealand Corporation Reject V13/0016F Te Whare O Te Ata Trust Reject

3.3.10 Rule 4.1.3 j) (viii) Secure Unit

That Rule 4.1.3(j)(viii) be renumbered and amended as follows:

4.1.3(j)(vii) No part of any site or premises to be used as a Managed Care

Facility shall contain a secure unit. Contain a secure facility, work, structure or room for the detention of any person. In addition it shall exclude a residence established in accordance with section 364 of the Children, Young Persons and their Families Act 1989, or replacement thereof, for young persons

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subject to a supervision with residence order under that Act or any other residence or facility that accommodates young persons subject to a supervision with residence order.

Reasons

1. The refining of from Rule 4.1.3(j)(vii) with a focus on secure unit only will

assist in the consistent administration of the Proposed District Plan.

2. The administration, assessment and enforcement of this Rule would be difficult if the term ‘court order’ is retained because of the broad range of ‘court orders’ that can be imposed, and the legal requirements of the Privacy Act.

3. This is a consequential change due to the removing reference to court orders and being subject to section 364 of the Children, Young Persons and Their Families Act 1989 in the definition for managed care facilities.

Submission Schedule: V13/007 M Mildon Accept in Part V13/011 Mental Health Commission Accept in Part V13/065 IDEA Services Limited Accept in Part V13/069 T Westenra Accept in Part V13/095 T Hope Accept in Part V13/096 C Hope Accept in Part V13/097 W Reid Accept in Part V13/098 Pathway Trust Accept V13/0100 K Lewis Accept in Part V13/0102 Academic Staff, Social Development Team, Accept in Part

School of Ed and Social Dev, Wintec V13/0118 Department of Corrections Accept in Part V13/0119 Hauora Waikato Maori Mental Health Service Accept in Part V13/0127 Youth Horizons Accept in Part V13/0136 Min of Social Development and Employment Accept in Part V13/0137 Anglican Action Accept in Part V13/0140 J Holdom Accept in Part V13/0141 Office for Disability Issues Accept in Part V13/0148 Human Rights Commission Accept in Part V13/0149 Te Runanga O Kirikiriroa Trust Inc Accept in Part V13/0150 Te Puni Kokiri Accept in Part V13/003F N.Z.PARS Accept in Part V13/004F Anglican Action Accept in Part V13/007F Te Roopu Taurima O Manukau Trust Accept in Part V13/009F B Bourke Accept in Part V13/0010F Ministry of Social Development & Employment Accept in Part V13/0011F Department of Corrections Accept in Part V13/0012F Social Development Team, Wintec Accept in Part V13/0013F Mental Health Commission Accept in Part V13/0015F Housing New Zealand Corporation Accept in Part V13/0016F Te Whare O Te Ata Accept in Part

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3.3.11 Parking Standards

That the car parking standards for managed care facilities under Rule 5.2, Table 5.2-1a be amended as follows: 1 park per 3 bedrooms plus I park per every full time equivalent staff member.

Reasons

1. The amendment to Rule 5.2, Table 5.2-1a will improve the consistent

administration of the District Plan. 2. The amendment to the Proposed District Plan contained in Variation 13

achieves the purpose and principles of the Resource Management Act 1991.

3. The provision of staff parking will mitigate any adverse effects on the safe

and efficient functioning of the road network and on neighbouring amenity.

4. The proposed amendment will better achieve the Transportation and

Accessibility objectives and policies of the Proposed District Plan.

Submission Schedule: V13/028 NZTA Accept in Part V13/098 Pathway Trust Inc Reject V13/0118 Department of Corrections Reject V13/0135 Housing New Zealand Corporation Reject V13/0137 Anglican Action Reject V13/0145 SHAMA Reject V13/0150 Te Puni Kokiri Reject V13/003F N.Z.PARS Reject V13/004F Anglican Action Reject V13/007F Te Roopu Taurima O Manukau Trust Reject V13/0010F Ministry of Social Development & Employment Reject V13/0011F Department of Corrections Reject V13/0012F Social Development Team, Wintec Reject V13/0013F Mental Health Commission Reject V13/0015F Housing New Zealand Corporation Reject V13/0016F Te Whare O Te Ata Trust Reject

3.3.12 Rule 4.1.4 Failure to Meet Standards

That there be no changes to the Failure to Meet Standards Rule pertaining to the Restricted Discretionary and Discretionary activity status for Managed Care Facilities other than the following consequential renumbering changes:

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That Failure to Meet Standards Rule 4.1.4(b) and Rule 4.1.4(c) be amended as a consequent of amendments to activity status Rule 4.1.1 b) & c) and standards Rule 4.1.3 as follows: b) Managed Care Facilities which do not comply with one or two of the

standards in Rule 4.1.3 I (ii) (iii), (iv) or (vi) Rule 4.1.3 j) (i), (ii), (iii) or (iv), are Restricted Discretionary Activities with discretion restricted to the subject matter of the standard that cannot be met.

c) Managed Care Facilities which do not comply with the standard in Rule

4.1.2 k) and/or with any standard in Rule 4.1.3 I (i), (v) or (vii) Rule 4.1.3 j) (v), (vi) or Rule 4.1.3 k) are Discretionary Activities and will be assessed in accordance with Rule 4.1.6 f) Rule 4.1.6 a) and Rule 4.1.6 g)

That Failure to Meet Standards Rule 4.1.4 be amended by inserting new Rule 4.1.4(f) as follows: 4.1.4(f) Managed care Facilities which do not comply with the standard in

Rule 4.1.3(j)(vii) are Non Complying Activities. Reasons 1. The amendment to Variation 13 as notified continues to achieve the

purpose and principles of the Resource Management Act 1991.

2. The amendment to the provisions of Rule 4.1.4 (b) & (c) and the insertion of Rule 4.1.4(f) assist in allowing for the consistent administration of the District Plan.

Submission Schedule: V13/098 Pathway Trust Inc Reject V13/0118 Department of Corrections Reject V13/0119 Hauora Waikato Maori Mental Health Service Trust Reject V13/0127 Youth Horizons Reject V13/003F N.Z.PARS Reject V13/004F Anglican Action Reject V13/0010F Ministry of Social Development & Employment Reject V13/0011F Department of Corrections Reject V13/0012F Social Development Team, Wintec Reject V13/0013F Mental Health Commission Reject V13/0015F Housing New Zealand Corporation Reject V13/0016F Te Whare O Te Ata Trust Reject

3.3.13 Comprehensive Management Plan

That Rule 4.1.6(g) be deleted and replaced with new Rule 4.1.6(g) as follows: (g) Managed Care Facilities

i) Content of any management plan shall be in accordance with 4.1.3 k)

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ii) Whether the area of the site and its shape, frontage and topography can adequately accommodate the facility and its associated parking, landscaping and outdoor living areas.

iii) The extent to which the facility has a scale, form and external

appearance which is in keeping with the surrounding residential area.

iv) Whether adequate provision has been made for a

grassed/permeable outdoor living area. The size of the outdoor living area would be determined by the number of residents on the site and, as a guide, 25 20m2 per person should be provided.

v) Whether the cumulative effects of clustering of Managed Care

Facilities would result in changing the residential character of the neighbourhood.

vi) The extent to which vehicular traffic associated with the Managed

care Facility can be accommodated without adversely affecting the road network and the amenity values of adjoining properties.

vii) Whether adequate provision has been made to protect the visual

and acoustic privacy of abutting sites. viii) Whether the proposed staffing levels adequately provides the

required supervision of the residents at the Managed Care Facility to avoid disturbance to adjoining residential properties.

ix) Whether adequate provision has been made to address matters of

public safety. As a consequent of the deletion of and insertion of a new Rule 4.1.6(g) a new rule be inserted in Rule 4.1.3 as follows: Rule 4.1.3 k) Comprehensive Management Plan for Managed Care

Facilities accommodating 8-10 residents A comprehensive management plan shall be prepared and provided to Council, at a minimum addressing the following matters:

• Proposed number of residents including children and proposed

recordkeeping of occupancy details;

• Outline need for containment and/or detention of any residents; and

methods to be used;

• expected length of stay by residents;

• The number of staff to be employed and their hours of attendance;

• the arrangements for any live-in staff;

• The anticipated number of visitors per week;

• The measures to be adopted to address public safety matters associated

with the facility;

• The measures to be adopted to minimise noise, privacy intrusion and

other disturbance to neighbours;

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• Regular and emergency contact arrangements to enable neighbours and

other non-occupants to make prompt and effective contact when

necessary;

• Response plans for possible emergency situations;

• Arrangements for regular liaison with surrounding community and other

measures to assist community confidence and interaction with the

facility.

Reasons 1. The amendments to Variation 13 as notified achieves the purpose and

principles of the Resource Management Act 1991 2. The consequential amendments are necessary to assist the understanding

of and administration of the District Plan.

3. The provision of a comprehensive management plan as a standard rather than as assessment criteria is more appropriate planning practice.

4. New Rule 4.1.3(g) provides a set of assessment criteria which reflect the

matters discretion is limited to for restricted discretionary activities along with providing guidance for the assessment of a discretionary activity.

Submission Schedule: V13/011 Mental Health Commission Reject V13/065 IDEA Services Limited Reject V13/094 The Salvation Army Accept in Part V13/098 Pathway Trust Inc Reject V13/0118 Department of Corrections Reject V13/0119 Hauora Waikato Maori Mental Health Service Trust Reject V13/0127 Youth Horizons Reject V13/0129 Community Living Trust Reject V13/0135 Housing New Zealand Corporation Reject V13/0141 Office for Disability Issues Reject V13/0146 Director of Mental Health, Min of Health Reject V13/0148 Human Rights Commission Reject V13/003F N.Z.PARS Reject V13/004F Anglican Action Reject V13/007F Te Roopu Taurima O Manukau Trust Reject V13/0010F Ministry of Social Development & Employment Reject V13/0011F Department of Corrections Reject V13/0012F Social Development Team, Wintec Reject V13/0013F Mental Health Commission Reject V13/0015F Housing New Zealand Corporation Reject

3.3.14 Managed Care Facilities in Non-Residential Zones

That there be no change to the referencing of Managed Care Facilities in Rules 4.2, 4.3, 4.3.3, 4.4, 4.4.3(e), 4.6, 4.7, and 4.11. Reasons

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1. The amendments to the Proposed District Plan contained in Variation 13

achieves the purpose and principles of the Resource Management Act 1991

2. There are no sound resource management grounds for excluding Managed

Care facilities and similar facilities from non-residential zones.

Submission Schedule: V13/0118 Department of Corrections Reject V13/0127 Youth Horizons Reject V13/003F N.Z.PARS Reject V13/004F Anglican Action Reject V13/0010F Ministry of Social Development & Employment Reject V13/0011F Department of Corrections Reject V13/0012F Social Development Team, Wintec Reject V13/0013F Mental Health Commission Reject V13/0015F Housing New Zealand Corporation Reject

3.4 RESIDENTIAL CENTRES 3.4.1 Definition of Residential Centre

That the definition for Residential Centres as set out in Rule 8.0 be amended as follows: Residential Centre Means land or buildings used for long-term, shared residential accommodation occupied by five or more persons in addition to staff and not constituting a household. They include boardinghouses, hostels, and other long stay accommodation. They exclude:

• Visitor accommodation

• Hospitals

• Rest homes

• Retirement villages

• Managed Care facilities.

• Secure units

• Apartment Buildings

• Premises to which people are referred by a Court Order. (This excludes people subject to home detention under the Parole Act 2002.)

• A residence established in accordance with section 364 of the Children, Young Persons, and Their Families Act 1V13/0989, or replacement thereof, for young persons subject to supervision with residence order under that Act or any other residence or facility that accommodates young persons subject to a supervision with residence order.

• A residence established in accordance with section 364(2)(d) of the Children, Young Persons and Their Families Act 1989, or replacement thereof

Reasons

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1. The amendments to the definition for Residential Centres under Rule 8.0 of the Proposed District Plan will provide for more effective and consistent administration of the District Plan.

2. The administration, assessment and enforcement of the definition would

be difficult if the term ‘court order’ is retained because of the broad range of ‘court orders’ that can be imposed, and the legal requirements of the Privacy Act.

3. Refining the scope of exclusions removes the potential for the District Plan

to be contrary with other legislation, in particular the Children, Young Persons and Their Families Act 1989.

4. The Proposed District Plan contains specific standards for controlling the

density and layout of apartment buildings which are different from those that apply to detached dwellings. As the specific standards proposed in Variation 13 mainly apply to MCF as detached dwellings/facilities it is appropriate to remove any anomaly by specifically excluding apartment buildings from the definition.

5. The exclusion of apartment buildings is consistent with relevant case law,

in particular A096/05 Mental Health Commission, Department of Corrections & Others v Manukau City Council.

Submission Schedule: V13/018 YWCA Hamilton Reject V13/0101 C Cowan Reject V13/0117 RM Black Reject V13/0118 Department of Corrections Reject V13/0126 New Zealand Historic Places Trust (Waikato Branch) Reject V13/0127 Youth Horizons Reject V13/0129 Community Living Trust Reject V13/0131 R Knight Reject V13/0142 Sarvee International Limited Reject V13/0150 Te Puni Kokiri Reject V13/003F N.Z.PARS Reject V13/004F Anglican Action Reject V13/0010F Ministry of Social Development & Employment Reject V13/0011F Department of Corrections Reject V13/0012F Social Development Team, Wintec Reject V13/0013F Mental Health Commission Reject V13/0015F Housing New Zealand Corporation Reject V13/0016F Te Whare O Te Ata Trust Reject

3.4.2 The Activity Status of Residential Centres

That there be no change to the Discretionary Activity status for Residential Centres. Reasons

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1. The amendments to the Proposed District Plan contained in Variation 13 achieves the purpose and principles of the Resource Management Act 1991.

2. The provisions of Rule 4.1.4(c) of the Proposed District Plan are consistent

with the objectives and policies for the Residential zone. 3. The intensity of use in the form of the shared accommodation Residential

Centres provide, justifies assessment as a Discretionary Activity.

Submission Schedule: V13/094 Salvation Army Reject V13/0118 Department of Corrections Reject V13/0127 Youth Horizons Reject V13/0129 Community Living Trust Reject V13/0142 Sarvee International Limited Reject V13/003F N.Z.PARS Reject V13/004F Anglican Action Reject V13/0010F Min. Social Development & Employment Reject V13/0011F Department of Corrections Reject V13/0012F Social Development Team, Wintec Reject V13/0013F Mental Health Commission Reject V13/0015F Housing New Zealand Corporation Reject V13/0016F Te Whare O Te Ata Trust Reject

3.4.3 Specific Standards for Residential Centres

That there be no change to Rule 4.1.3 d) Reasons 1. The amendments to the Proposed District Plan contained in Variation 13

will achieve the purpose and principles of the Resource Management Act 1991.

2. The provisions of Rule 4.1.3 are consistent with the objectives and policies

for the Residential zone. Submission Schedule: V13/068 M Bindon Reject V13/0118 Department of Corrections Reject V13/0127 Youth Horizons Reject V13/0142 Sarvee International Limited Reject V13/003F N.Z.PARS Reject V13/004F Anglican Action Reject V13/0010F Min. Social Development & Employment Reject V13/0011F Department of Corrections Reject V13/0012F Social Development Team, Wintec Reject V13/0015F Housing New Zealand Corporation Reject

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3.4.4 Failure to Meet Standards

That there be no change to Rule 4.1.4 Failure to Meet Standards. In relation to residential centres Reasons

1. The amendment to the Proposed District Plan contained in Variation 13 will

achieve the purpose and principles of the Resource Management Act 1991. 2. The provisions of Rule 4.1.4 are consistent with the objectives and policies

for the Residential zone.

Submission Schedule: V13/0118 Department of Corrections Reject V13/0127 Youth Horizons Reject V13/0142 Sarvee International Limited Reject V13/003F N.Z.PARS Reject V13/004F Anglican Action Reject V13/0010F Min. Social Development & Employment Reject V13/0011F Department of Corrections Reject V13/0012F Social Development Team, Wintec Reject V13/0015F Housing New Zealand Corporation Reject

3.4.5 Residential Centres Assessment Criteria

That there be no change to Rule 4.1.6(e). Reasons

1. The amendment to the Proposed District Plan contained in Variation 13

achieves the purpose and principles of the Resource Management Act 1991.

2. The assessment criteria provides a guide for applicants of the matters

considered most important when assessing residential centres; and the ability to maintain the integrity of the surrounding environment.

3. The proposed amendment will better achieve the relevant objectives and

policies for the Residential Zone in the Proposed District Plan.

Submission Schedule: V13/018 YWCA Hamilton Reject V13/030 TS&SM Robertson Reject V13/094 Salvation Army Reject V13/0118 Department of Corrections Reject V13/0127 Youth Horizons Reject V13/0134 B Hoyle Accept V13/0142 Sarvee International Limited Reject V13/003F N.Z.PARS Reject V13/004F Anglican Action Reject V13/0010F Min. Social Development & Employment Reject V13/0011F Department of Corrections Reject

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V13/0012F Social Development Team, Wintec Reject V13/0013F Mental Health Commission Reject V13/0015F Housing New Zealand Corporation Reject V13/0016F Te Whare O Te Ata Trust Reject

3.4.6 Parking Standards for Residential Centres

That there is no change to the parking standards for Residential Centres as set out in Rule 5.2, Table 5.2-1a. Reasons

1. The amendment to the Proposed District Plan contained in Variation 13

will achieve the purpose and principles of the Resource Management Act 1991.

2. The retention of the proposed parking standard contained in Variation 13

will ensure that vehicles associated with a residential centre are accommodated on the site

3. The amendment to Table 5.2-1a as contained in Variation 13 will mitigate

any adverse effects on the safe and efficient functioning of the road network and on neighbouring amenity.

4. The proposed amendment will better achieve the Transportation and

Accessibility objectives and policies in the Proposed District Plan.

Submission Schedule: V13/018 YWCA Hamilton Reject V13/028 NZTA Reject V13/068 M Bindon Reject V13/094 Salvation Army Reject V13/0118 Department of Corrections Reject V13/0127 Youth Horizons Reject V13/0142 Sarvee International Limited Reject V13/0150 Te Puni Kokiri Reject V13/003F N.Z.PARS Reject V13/004F Anglican Action Reject V13/0010F Ministry of Social Development & Employment Reject V13/0011F Department of Corrections Reject V13/0012F Social Development Team, Wintec Reject V13/0013F Mental Health Commission Reject V13/0015F Housing New Zealand Corporation Reject V13/0016F Te Whare O Te Ata Trust Reject

3.4.7 Residential Centre Design Guide

That there be no change to the Design Guide.

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Reasons 1. The amendment to the Proposed District Plan contained in Variation 13

will achieve the purpose and principles of the Resource Management Act 1991.

2. The Design Guide provides guidance to achieve better development

solutions for Residential Centres which are compatible with the surrounding residential neighbourhood.

3. The Design Guide will assist in the consistent administration of the District

Plan.

Submission Schedule: V13/004 R Burke Accept V13/018 YWCA Hamilton Reject V13/028 NZTA Accept in Part V13/094 Salvation Army Reject V13/0106 D Bennett MP Accept V13/0118 Department of Corrections Reject V13/0122 P Darnauf & C Mataira Accept V13/0142 Sarvee International Limited Reject V13/003F N.Z.PARS Reject V13/0011F Department of Corrections Reject V13/0012F Social Development Team, Wintec Reject V13/0013F Mental Health Commission Reject V13/0015F Housing New Zealand Corporation Reject V13/0016F Te Whare O Te Ata Trust Reject

3.5 MISCELLANEOUS RECOMMENDATIONS 3.5.1 Definition of Rest Homes

That there be no change to the definition of Rest Home. Reasons 1. The amendment to the Proposed District Plan contained in Variation 13

will achieve the purpose and principles of the Resource Management Act 1991

2. The provision of a separate definition for Rest Homes will improve the

consistent administration of the Proposed District Plan. 3. That previous sections of this report have recommended amendments to

the management of Managed Care Facilities that partly meet the submission by R Knight (V13/0131).

Submission Schedule:

V13/0118 Department of Corrections Reject V13/0127 Youth Horizons Reject

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V13/0131 R Knight Accept in Part V13/003F N.Z.PARS Reject V13/004F Anglican Action Reject V13/0011F Department of Corrections Reject V13/0012F Social Development Team, Wintec Reject V13/0013F Mental Health Commission Reject V13/0015F Housing New Zealand Corporation Reject

3.5.2 Definition of Household

That there be no change to the definition of Household.

Reasons 1. The amendment to the Proposed District Plan contained in Variation 13

will achieve the purpose and principles of the Resource Management Act 1991.

2. The provision of a separate definition for Household will improve the

consistent administration of the Proposed District Plan. Submission Schedule: V13/0118 Department of Corrections Reject V13/0127 Youth Horizons Reject V13/003F N.Z.PARS Reject V13/004F Anglican Action Reject V13/0010F Min Social Development & Employment Reject V13/0011F Department of Corrections Reject V13/0012F Social Development Team, Wintec Reject V13/0013F Mental Health Commission Reject V13/0015F Housing New Zealand Corporation Reject

3.5.3 Submitter Requests of a General or Uncertain Nature

That there be no change to the intent of Variation 13. Reasons 1. That pursuant to First Schedule of the Resource Management Act 1991,

the submissions are out side the scope of Variation 13. 2. The amendments to the Proposed District Plan contained in Variation 13

are required to achieve the purpose and principles of the Resource Management Act 1991.

3. The amendments to the Proposed District Plan contained in Variation 13

assist in maintaining the integrity of and keeping the District Plan up-to-date.

Page 29: DECISIONS ON SUBMISSIONS TO VARIATION 13: RESIDENTIAL … · V13/007 M Mildon Reject V13/008 B Bailey Accept in Part V13/009 R & C Milne Accept in Part V13/010 YS & KB Chin Accept

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4. That Variation 13 is not contrary to Hamilton City Council Policies and Strategies.

5. That Variation 13 does not contravene any other legislation, in particular

the Human Rights Act 1993 or the New Zealand Bill of Rights 1990.

6. The amendments to Variation 13 are consistent with relevant case law, in particular A096/05 Mental Health Commission, Department of Corrections & Others v Manukau City Council.

Submission Schedule: V13/006 Families Commission Accept in Part V13/092 Hamilton Grey Power Accept in Part V13/0121 Vestry of the Cathedral Church of St Peter Accept in Part V13/0126 New Zealand Historic Places Trust (Waikato Branch) Reject V13/0128 JM Tucker Reject V13/0131 R Knight Accept in Part V13/0143 South East Kirikiriroa Community Association Inc Reject V13/0147 A Goble Reject V13/001 YS Chin & KB Chin Reject V13/0011F Department of Corrections Reject V13/0013F Mental Health Commission Reject V13/0015F Housing New Zealand Corporation Reject

3.5.4 Recommendation –Typographical errors and corrections

That no further action required. Reasons

1. The renumbering has already been implemented through the Council

decisions on previous variations.

Submission Schedule: V13/067 Hamilton City Council Accept V13/0011F Department of Corrections Reject V13/0015F Housing New Zealand Corporation Accept