Variation 12

Rototuna Structure Plan Update and Stage 3 and 4 Rezoning

The existing Rototuna Structure Plan was originally prepared in 1999 and is included within Rule 9.0 of the Proposed District Plan. The Structure Plan provided a guide to the staging of roading and other infrastructural services in the Rototuna area, and identified five growth cells. 

The Structure Plan was subsequently updated in 2001 to reflect changing circumstances and development as it had progressed, and revised in 2004 to take into account the rezoning of Stage 2 (River Road North). 

The Structure Plan is now being updated again to reflect expectations in terms of future urban growth, the urban design considerations of recent Council strategies such as CityScope and Vista, and the urban growth considerations identified in the Hamilton Urban Growth Strategy and Future Proof Growth Strategy and Implementation Plan 2009.

Stages 0, 1, 1A, and 2 of the Rototuna Growth Cell have already been rezoned and are either available for development or have been developed consistent with the Rototuna Structure Plan. The majority of Stages 3 and 4 are currently zoned Future Urban and are the subject of this Variation.

Part of Stage 0 adjacent to the proposed Rototuna Suburban Centre is currently zoned Residential and this Variation seeks to rezone this area to Rototuna Suburban Centre Zone (Medium Density Residential). 

What is the Variation about?

The primary purpose of this Variation is to rezone approximately 490 hectares of land primarily within Rototuna Stages 3 and 4 to a variety of urban zones and update the Rototuna Structure Plan to reflect changes that have already occurred through completed development and implement the direction provided by recent Council strategies.

The following Policy and Rule sections of the Proposed District Plan are new or have been amended through this Variation: 

  • Policy 5.1 – Residential Areas
  • Policy 5.3 – Community Facilities
  • Policy 6.2 – Suburban Business
  • Policy 6.2A – Rototuna Suburban Centre (entirely new policy section)
  • Rule 4.1C – Rototuna Residential Zone (entirely new rule)
  • Rule 4.2 – Suburban Centre Zone
  • Rule 4.6 – Community Facilities Zone
  • Rule 4.11 – Future Urban Zone
  • Rule 4.12 – Rototuna Suburban Centre Zone (entirely new rule)
  • Rule 6.1 – General Provisions for Subdivision and Development of Land
  • Rule 6.2 – Subdivisional Planning
  • Rule 6.3 – Subdivisional Standards for Individual Zones
  • Rule 6.4 – Provision of Infrastructure and Financial Contributions
  • Rule 6.5 – Reserves Contributions
  • Rule 6.9 – Staging of Development
  • Rule 8.0 – Definitions
  • Rule 9.1 – Rototuna Structure Plan (to be deleted)
  • Appendix 1A – Rototuna Structure Plan (entirely new appendix)
  • Appendix 1B – Rototuna Concept Plan (entirely new appendix)
  • Appendix 1C – Rototuna Design Guide (entirely new appendix)
  • Map 2 and 3 updated to reflect the proposed rezoning of Stages 3 and 4 and an update to the Environmental Protection Overlay (EPO)
  • Map 19 – Road Hierarchy has been updated to reflect the Rototuna Structure Plan.

The 2009 Amendments to the Resource Management Act introduced a number of significant changes relating to the legal effect of rules. It is important to note that the amendments only apply to rules and they do not limit or affect the weight that a consent authority gives to objectives, policies, and other issues, reasons, or methods in plans before the plan becomes operative.

Refer to section 86A to 86G of the Resource Management Act for further information.

Current status

All six appeals have been resolved and now form part of the Operative District Plan July 2012. The final appeal to Variation 12 was settled by consent order on 24 January 2014.

Decisions

Council adopted the recommendations of the Independent Commissioners’ on 11th April 2012.

These decisions were publicly notified in the Waikato Times newspaper on the 28th April 2012. From this date, the decisions will form part of the Proposed District Plan (Operative in Part version), and the submitters and further submitters to the Variation have 30 working dates to lodge an appeal with the Environment Court. 

Hearing

A hearing commenced on Wednesday 16 November 2011. Council has appointed a three person panel. The panel consists of two Independent Commissioners, Mr Doug Arcus (Chairman) and Mr Alan Watson and Hamilton City Councillor, Cr John Gower.

Recommendations of Hearing Commissioners

Commissioner Recommendation: 24 February 2012 (PDF, 45MB)
Supplementary Recommendation: 24 February 2012 (PDF, 200KB)

The recommendations of the Hearing Commissioners (as per the above two documents) were adopted by Council on 11 April 2012. These take legal effect once publicly notified pursuant to 86B (1) of the Resource Management Act.

Memorandum of Hearing Commissioners 

Memorandum of Hearing Commissioners: 24 February 2012 (PDF, 394KB)

Directions of Hearing Commissioners regarding Procedural Matters

Procedural Decisions and Directions of Hearing Commissioners: 13 December 2011 (PDF, 204KB)

Directions of Hearing Commissioners in relation to Te Totora Primary School and Ministry of Education

Directions of Commissioners 23 November 2011 (PDF, 87KB)

Documentation from Submitters tabled at the Hearing

Submitter 17: Lin-Yi (James) Lin (PDF, 20KB)
Submitter 30: Progressive Enterprises Limited (PDF, 89KB)
Submitter 37: John Crawford (PDF, 2.83MB)
Submitter 09: Rototuna Holdings (PDF, 86KB) (plus attachment 1 (PDF, 3.05MB) and attachment 2) (PDF, 726KB)

Written brief of Hearing evidence in rebuttal by any party pursuant to Direction 4 of the Hearing Commissioners (due by 5pm Monday, November 14th, 2011)

Hamilton City Council
Alice Morris (PDF, 613KB)
Robert Speer (PDF, 2.98MB)

Submitter 14: Christine Gore (PDF, 526KB)
Submitter 21: Kirkdale (Harry Bhana) (PDF, 0.98MB)
Submitter 29: Kiwi Property Holdings Ltd (Nick Roberts) (PDF, 297KB)

Submitter 31: New Zealand Transport Agency
Hannah Windle (PDF, 80KB)
Stephen Chiles (PDF, 53KB)
Kevin Brewer (PDF, 48KB) (Appendix: Part 1 (PDF, 2.93MB), Part 2 (PDF, 2.41MB), Part 3 (PDF, 4.37MB), Part 4 (PDF,4.87MB))

Written brief of expert evidence by Submitters or Further Submitters pursuant to Direction 3 of the Hearing Commissioners (due by 5pm Friday, November 4th, 2011 - to be updated as received)

Submitter 07: Roderick Ade (updated version provided 2 November) (PDF, 383KB)
Submitter 39: Department of Corrections (plus Appendix 1 and Appendix 2) (PDF, 99KB)
Submitter 41: Transland Group (submission resubmitted to be tabled as evidence) (PDF, 71KB)

Submitter 21: Kirkdale Investments Limited and Kimbrae Farms Limited
Submitter 21 Evidence 1: Brian Kimpton (PDF, 89KB) (plus appendices) (PDF, 5.65MB)
Submitter 21 Evidence 2: John Borsboom (PDF, 6.86MB)
Submitter 21 Evidence 3: Nick Rae (PDF, 4.25MB)
Submitter 21 Evidence 4: Harry Bhana (PDF, 0.98MB)

Submitter 29: Kiwi Property Holdings Ltd (PDF, 297KB)

Written brief of evidence by Hamilton City Council (as proponent of Variation 12) pursuant to Direction 2 of the Hearing Commissioners

Section 42A Hearing Report

This report consists of the following:
 
Section 42A Hearing Report (PDF, 1.28MB)
Appendix A: Recommendation Table (PDF, 94KB)
Appendix B: Specialist Reports
Robert Speer Report (PDF, 393KB)
Urban Design Report (PDF, 136KB)
Appendix C: Variation 12: Rototuna Structure Plan (Track Changes version as amended by Hearing Report Recommendations) (PDF, 3.66MB)
Appendix D: Section 32 Report: Update (PDF, 229KB)
Appendix E: Summary of Submissions and Further Submissions (PDF, 796KB)
Appendix F: Acceptance of late submission (PDF, 192KB)

Hearing Information

Submissions and Further Submissions

Variation 12 was publicly notified on the 18th September 2010.

The submission period closed on Monday 18th October. A total of 47 submissions were received, with a number of submissions seeking the complete withdrawal of the Variation. As such, none of the rules in Variation 12 can be treated as operative in accordance with section 86F at this time. 

Further submissions closed 4pm Friday 17 December 2010. A total of eight other submissions were received.

Variation 12 Notified Documents

Page reviewed: 19 Dec 2014 4:35pm