Gordon Road Floodway Consultation

The summary of decisions requested in submissions gave landowners/occupiers the ability to make ‘further submissions’ either in support of or opposition to those submissions. The summaries included in the report are not the full or exact content of submissions.

Is any other information available?

A number of documents were provided to the Environment Court by DCC and ORC when they jointly requested to undertake this consultation.  These cover planning and technical matters in relation to the change proposal, and can be found here:

s32 Report

The following report has been written summarising the proposal and assessing it against the objectives and policies of the 2GP and Regional Policy Statement as required under section 32 of the RMA 1991.

• What does the consultation process involve?

  The DCC and ORC have jointly consulted owners and occupiers of properties in the Floodway so that the Environment Court can consider the feedback received, along with technical evidence, before deciding on the ORC appeal.

  Consultation included:

  • A meeting for landowners and occupiers held on 22 March 2023
  • Landowners and occupiers were able to make submissions (22 March until 7 April)
  • A summary of submissions was published (13 April)
  • Landowners and occupiers also had the opportunity to make further submissions on the submissions made (13 until 20 April)

  Landowners and occupiers of the Gordon Road Floodway were invited to a meeting on Wednesday 22 March 2023 in the Coronation Hall, Mosgiel to hear from the ORC and DCC and were able to ask questions about the proposed changes.

  Landowners and occupiers are now able to lodge submissions on the changes being sought, including on the exact area that should be covered by the changes. The submission period runs from 22 March to 7 April 2023.

  Submissions should be restricted to what is being sought through the ORC appeal – that is, the application of a Hazard 1A (flood) Overlay Zone to all or part of the Gordon Road Floodway. Submissions raising matters beyond the scope of the ORC appeal will not be considered.

  Once the submission period ends, a summary will be made available to landowners and occupiers, followed by an opportunity for further submissions either supporting or opposing submissions already made. The further submission period will run from 13 April to 20 April 2023.

  DCC and ORC are then required to jointly report back to the Environment Court (as well as landowners and occupiers) on the views expressed, and make recommendations to the Environment Court, by 20 June 2023.

  How do I get involved in the process?

  Submissions are only open to landowners and occupiers in the Gordon Road Floodway. Submissions from any party outside of the floodway will be disregarded.

  Once consultation ends, you can also become a party to the Environment Court process in relation to this appeal. This would allow you to take part in any mediation on the appeal and in any Environment Court hearing on the appeal.

  How do I become a party to the appeal process?

  If you (as a landowner or occupier within the Gordon Road Floodway) wish to become a party to the Environment Court proceeding, you will need to file a section 274 party notice in accordance with Form 33 of the Resource Management (Forms, Fees, and Procedure) Regulations 2003. You must lodge your notice with the Environment Court within 15 working days of the joint DCC/ORC report being lodged with the Court and provide copies of your notice to the DCC and ORC within the same timeframe.

  The addresses for service for the Court, Dunedin City Council and Otago Regional Council are as follows:

  1. Environment Court Registry, Christchurch: Natalie.Walsh@justice.govt.nz
  2. Dunedin City Council: michael.garbett@al.nz and georgia.cassidy@al.nz
  3. Otago Regional Council: Alastair.Logan@rossdowling.co.nz

  I need some help working out how best to get involved

  The public meeting on 22 March 2023 outlined the consultation process and landowners/occupiers were able to ask questions.

  We also have a ‘Friend of the Submitter’ who will be available during the submissions process to assist you with any questions you might have about the process. Jane Whyte is an independent planning consultant who can support you to get involved in the process. Her role is to provide you with advice on the process, and she is available at no cost if you are unclear about how the process works, how you might be involved, or what the implications of you being involved are. Jane can be contacted at jane@responseplanning.co.nz or on 027 259 5303 now or at any time during the process.

• What were the DCC  and ORC consulting on?

  The DCC and ORC are consulting property owners and occupiers within the Gordon Road Floodway on planning rules applying to the use of land within the Gordon Road Floodway.

  The Gordon Road Floodway, which is shown in the map below, is part of the Lower Taieri Flood Protection Scheme, which is designed to mitigate flood risk from the Silver Stream for the Mosgiel urban area by allowing floodwaters to spill across a lowered section of floodbank into the floodway area during
  prolonged heavy rainfall events.

  

  What is the ORC appeal about?

  The ORC wants new or expanded ‘natural hazards sensitive activities’ to become prohibited activities in some or all of the Gordon Road Floodway. This change is supported in principle by the DCC. Achieving it would require changing the type of flood hazard overlay the 2GP applies to the area from the
  existing ‘Hazard 1 (flood) Overlay Zone’ to the more stringent ‘Hazard 1A (flood) Overlay Zone’.

  What are natural hazards sensitive activities?

  A ‘natural hazards sensitive activity’ is defined in the 2GP as a land use activity:

  • ...where people are regularly present and often in a vulnerable state because they sleep there, require medical treatment, or require extra assistance to evacuate; and/or
  • which may create a significant public health issue if damaged as a result of a natural hazard event.

  Natural hazards sensitive activities include residential activities, hospitals, schools, landfills and cemeteries.

  Why are these changes necessary?

  Recent modelling undertaken for the ORC provides a more detailed picture of the area’s vulnerability to flooding. This analysis has shown that in a flood event that has a 1% chance of occurring in any year (“a 1 in 100 year flood”) much of the Gordon Road Floodway has a high flood risk. With extreme
  rainfall events likely to increase in frequency and intensity due to climate change, the concern is that additional development will put more people and property at risk from flooding.  The map below shows that much of the floodway would be unsafe for vehicles, children and the elderly, with
  some areas unsafe for all people, and buildings subject to structural damage (see hazard category explanation on map).

  This document summarises the findings of the latest flood modelling:

  05. ENV-2018-CHC-290 - Affidavit of Dr J-L Payan sworn

  

  How would the changes affect me?

  The most significant change for landowners in this area would be that new or expanded residential activities would become prohibited activities. Being a prohibited activity means a resource consent cannot be applied for and the activity cannot be undertaken.

  Under current rules, these activities are non-complying which means they are already strongly discouraged but an application for resource consent can still be made. More details on existing rules can be found here: 16.3.6 Activity Status in Hazard 1 (Flood), Hazard 1A (Flood) and Hazard 2 (Flood) Overlay Zones

  The change would not affect most rural activities, including farming, which would continue to be a permitted activity.

  Could I still live in my house within the Floodway?

  Yes, existing land uses, including residential activities, that were lawfully established can continue, provided they have not been discontinued for more than 12 months, and as long as the effects of the land use are the same or similar in ‘character, scale or intensity’.

  In practice, this means that a lawfully established residential activity (that is, living in the house) can continue provided the ‘character, scale and intensity’ does not increase.

  A minor change to a residential building that does not increase the ‘scale and intensity’ of the residential use would be likely to be able to rely on existing use rights.  However, a decision on whether existing use rights can be relied on often needs to be made on a case by case basis, as
  it can be affected by other factors, such as whether any existing non-compliance with the plan rules (such as a breach of a height limit) will increase.

  What about building a new shed or barn?

  New buildings that are not for residential use or for other natural hazards sensitive activities (for example, sheds or farm buildings) would also still be permitted activities. The rules for them would not change if the Gordon Road Floodway was included within the Hazard 1A (flood) Overlay Zone.

  They would still need to meet existing performance standards (for example, height limits) or a resource consent would be required.

• Submissions phase

  Change to submission closing dates

  Following feedback from the community the submission and further submission periods have now moved and have both been extended. Please find the revised dates below:

  • Landowners and occupiers can make submissions (22 March until 7 April)
  • A summary of submissions will be published (13 April)
  • Landowners and occupiers can make further submissions on the submissions made (13 until 20 April)

  Further submissions

  What can a further submission cover?

  A further submission can only be made in support of, or opposition to, a point raised in another person’s original submission. You can choose to make a further submission on all or only some of these submissions.

  Who can make a further submission?

  You do not have to have made an original submission to participate. If you have made an original submission, you do not need to repeat points made in that submission as they will already be considered.

  How do I make a further submission?

  Further submissions forms are available online

  We are also making copies of the further submission form available at the Mosgiel Library.

  A further submission can be made via:

  • Email: districtplansubmissions@dcc.govt.nz
  • Post to: Submission on Gordon Road Floodway, Dunedin City Council, PO Box 5045, Dunedin 9054
  • Deliver to: Customer Services Agency, Dunedin City Council, Ground Floor, 50 The Octagon, Dunedin

  Submissions Information

  How can I get more information?

  Landowners and occupiers of the Gordon Road Floodway were invited to a meeting on Wednesday 22 March 2023 in the Coronation Hall, Mosgiel to hear from the ORC and DCC and were able to ask questions about the proposed changes.

  Landowners and occupiers are now able to lodge submissions on the changes being sought, including on the exact area that should be covered by the changes. The submission period runs from 22 March to 7 April 2023.

  Submissions should be restricted to what is being sought through the ORC appeal – that is, the application of a Hazard 1A (flood) Overlay Zone to all or part of the Gordon Road Floodway. Submissions raising matters beyond the scope of the ORC appeal will not be considered.

  Once the submission period ends, a summary will be made available to landowners and occupiers, followed by an opportunity for further submissions either supporting or opposing submissions already made. The further submission period will run from 13 April to 20 April 2023.

  How do I get involved in the process?

  Submissions are only open to landowners and occupiers in the Gordon Road Floodway. Submissions from any party outside of the floodway will be disregarded.

  Once consultation ends, you can also become a party to the Environment Court process in relation to this appeal. This would allow you to take part in any mediation on the appeal and in any Environment Court hearing on the appeal.

  How do I become a party to the appeal process?

  If you (as a landowner or occupier within the Gordon Road Floodway) wish to become a party to the Environment Court proceeding, you will need to file a section 274 party notice in accordance with Form 33 of the Resource Management (Forms, Fees, and Procedure) Regulations 2003. You must lodge your notice with the Environment Court within 15 working days of the joint DCC/ORC report being lodged with the Court and provide copies of your notice to the DCC and ORC within the same timeframe.

  The addresses for service for the Court, Dunedin City Council and Otago Regional Council are as follows:

  • Environment Court Registry, Christchurch: Natalie.Walsh@justice.govt.nz
  • Dunedin City Council: michael.garbett@al.nz and georgia.cassidy@al.nz
  • Otago Regional Council: Alastair.Logan@rossdowling.co.nz

  I need some help working out how best to get involved

  The public meeting on 22 March 2023 outlined the consultation process and landowners/occupiers were able to ask questions.

  We also have a ‘Friend of the Submitter’ who will be available during the submissions process to assist you with any questions you might have about the process. Jane Whyte is an independent planning consultant who can support you to get involved in the process. Her role is to provide you with advice on the process, and she is available at no cost if you are unclear about how the process works, how you might be involved, or what the implications of you being involved are. Jane can be contacted at jane@responseplanning.co.nz or on 027 259 5303 now or at any time during the process.