Friday, May 21, 2010

Planning 201
Planning 201 is a paper that provides an introduction to planning legislation. The primary objective to the paper is to demonstrate how law can develop through legislative amendments and case law.
The purpose of the assignment is to investigate section 106 of the Resource Management Act (RMA) through undertaking legal research and statutory interpretation in order to understand how section 106 of the RMA is interpreted and applied and to also understand when consent to subdivide should be refused.
Part A of the assessment is to do with looking at the legislative background to section 106. Section 106 is derived from the Local Government Act 1974 (s274), Municipal Corporations Act 1954 (S351) and the Counties Amendment Act 1961 (s23). The Counties Amendment Act was replaced by the Waimakariri Ashley Water Supply Act 1961.
Secondly, under part A of the assessment, the amendments to section 106 are asked to be identified. The names of the amendment acts are as follows:
· Resource Management Amendment Act 1993 (1993 No. 65)
· Resource Management Amendment Act 2003 (2003 No. 23)
The most recent amendment to s 106 of the RMA is the Resource Management Amendment Act 2003 (2003 No 23). Section 106 (1) of the Resource Management Amendment 2003 provided section 106 (1) of the principle Act by inserting the words “Despite s 77B” and omitting the words “Shall not” and substituting the words “may refuse”. The effect of this most recent amendment on the approach taken by consent authorities is outlined below:
The intention of s 77b is to classify the types of activities that require consent for subdivision. The types of activities classified under s 77b are listed in hierarchical order and include permitted activities, controlled activities, restricted discretionary activities, discretionary activities and prohibited activities. The words “despite s 77b” inserted into s 106 of the RMA (following the most recent amendment) give the power to override s 77B if the conditions of the proposed application do not comply with the conditions set out in s 106.
The effect of the phrase “may refuse” following the 2003 Amendment Act, enable consent authorities more discretionary powers in the refusal to grant subdivision consents.

The context of s 106 of the RMA sets out conditions to which a consent authority may decline resource consent for the purpose of subdivision.
The circumstance to which resource consent is refused is based on:
(a) If the physical conditions of the land where the proposed subdivision is to be carried out are not suitable or appropriate for development. Inappropriate conditions include: “material damage by erosion, falling debris, subsidence, slippage, or inundation from any source”.
To put this into legal context, various case studies are required to be interpreted. For the purpose of this blog, I have chosen one case study which has been outlined below:
Note: the assignment asks you to question the phrase: “the land in respect of which a consent is sought” outlined in s 106 (1) and to interpret the case to see whether a resource consent to subdivide should be granted:
Case 1: Henry, B & K v Kapiti Coast District Council [2003] 8 NZRMA, 377, 377-384 (Envt Ct).

The reference to the phrase “the land in respect of which a consent is sought” under s 106 (1) is referred to in the case of Henry, B & K v Kapiti Coast Disrict Council. The issue in this case regards whether the beach front property owned by Mr. and Mrs. Henry where “the land in which a consent is sought” will be subject to material damage in the form of coastal erosion for the purpose of subdividing. Mr. Lumsden who is a qualified expert in coastal erosion submitted that the allotment is in fact located in an area which is likely to be subject to erosion. Furthermore, “Mr. Lumsden’s opinion is that there is “50% chance of erosion within 100 years and a 30% chance within 100 years” [18]. The area which is most at risk is located within the seaward 25 meters from the shoreline[1]. However, the Henry’s do not propose to subdivide in this area. Instead, they propose to subdivide 50 meters from the coastline in order to avoid, remedy and mitigate the potential effects of erosion. Even though the setback area is located at 50 meters from the coastline, the Henry’s site could potentially still be subject to erosion. However, the Kapiti Coast District Council granted the Henry’s consent to subdivide in this locality based on the conditions that they are situated 50 meters from the coastline and the buildings are relocatable. Therefore, the risk of erosion is not as significant. This case supports the notion that “the land in which consent is sought” can still be subdivided if it is “subject to material damage” on the basis that measures to avoid, remedy or mitigate these effects will be achieved.



Tuesday, May 18, 2010

Climate change:
As part of the Governance and Planning paper taken in the third year of the Planning degree, the issue of climate change is addressed. This is undeniably a key issue that will undoubtedly become more important from now and into the future. Therefore, as part of this paper, it is key to understand the issues involved with climate change and how so that in the future we can recognise how to incorporate strategies to address this issue in our policy-making. The project for the paper involved a presentation that addresses whether climate change is a serious challenge or emergency and also what priorities should be given to the strategy to address climate change.
The presentation is outlined below:
a) Whether climate change is a serious challenge or and emergency.
According to the Stern Review from 2006, “The scientific evidence is now overwhelming: climate change is a serious global threat, and it demands an urgent global response.”

The science indicates that anthropogenic warming could lead to some impacts that are abrupt or irreversible. For example In 2002, the Greenland Glacier started to slip from the surface this is deeply concerning because it shows the vulnerability of the Greenland Glacier and if it were to melt more quickly over the next century the sea level could rise by several meters causing “grave danger to our civilization”. If this is to occur in Greenland, then it is more than likely to occur in the Antarctic which if it melts is predicted to raise sea levels by 5 meters.
To put this into context as to how serious this issue is, sea level rises of half a meter will drown Bangladesh. Ban Ki Moon –sectary general of the U.N (2007) suggests that climate change is “an emergency situation that needs emergency action”.
By 2035 a global average temperature rise of over 2°C is expected and the point of no return is approaching. Many scientists believe the IPCC reports are very conservative; even so a temperature increase of 2 degrees will take us into a temperature range beyond what has been experienced in the last million years.
Human activities that produce CO2 include burning oil, coal, gas, clearing forests. Methane is released from farming, coal mines, and landfill sites.
Some serious consequences of higher temperatures include:
· Increased spread of infectious diseases
· Water shortages
· Increased droughts
· Forced famine
· Wet winters
· Extreme weather events
· Over 25% loss of biodiversity
· and many species that are faced with extinction
· risk of hunger/malnutrition
· crop failures
· loss of forest and fires
Serious impacts as a result of climate change are already being experienced- James Hansen, the USA’s most eminent climate scientist, has said that major ‘climate tipping’ points have already been passed the most significant being ice sheet disintegration, significant sea-level rises this century and species loss. These tipping points were crossed when we reached 300-350 parts per million of carbon dioxide in the atmosphere decades ago.
After 2050 the effects of climate change will hit the planet more dramatically-this involves depleting ecosystems, forests, rivers, plant and animal species whose well being all depends on the climate system. Furthermore, evidence proves that human activities are accelerating climate change effects in particularly high levels of concentrations of Green House Gasses in the atmosphere as a result of the dependence on car usage, unsustainable land-use practices and increasing levels of consumption to name a few.
Lacking the collective will to act in a sustainable manner is no excuse to compromise; humans have created the global warming phenomenon and have the capacity to reverse the damage and take a more sustainable approach to prevent a climate catastrophe. If we don’t act now and continue to adopt a ‘business as usual’ approach then it is likely to place excessive environmental, social, political and economic costs now and in particularly into the future.

b) What priority should be given to the strategy?
It is no longer possible to prevent the climate change impacts that will occur over the next two to three decades, but it is still possible to protect our societies and economies from its impacts.

The obstacles to implementing climate change strategies are not scientific or economic but are political and social. Instead of resisting a “business as usual” approach we need to prevent a “politics as usual” approach to climate change. Our conventional mode of politics is short term, incremental and unable to bring about quick deep change. Addressing climate change requires substantial economic, social and political reform.
We need to re-conceive the issue as being one of a ‘sustainability emergency’ not as simply a climate change emergency- by re-conceiving the issues they become high priority for local governments in order for them to achieve their purpose under the LGA as promoting sustainable development and in regard to resource management under the RMA as sustainable management.
Although NZ is only accountable for a small proportion of the worlds global emissions we have a higher than average per capita emissions than other parts of the world and are in a unique position as one of the only nations whose majority of emissions comes from agriculture. Innovation in this area could make NZ world leaders in agricultural development and sustainable farming.
Local government is the key partner to central government in actually delivering mitigation and adaptation strategies. Of all the challenges climate change brings the hardest to overcome is getting political consensus and developing a collective will to recognise the reality and scale of the problem. Within NZ some local councils are being proactive about defining what local responses are needed while others still see climate change as a debateable theoretical risk- the new Auckland Supercity council needs to be a leader within NZ and guide other councils towards recognising the urgency of the situation as part of their obligations for sustainable development.
If sustainable development and climate change policy are to become integral to politics and the economy, support is required not just from governments and markets, but from civil society reaching down to cities, districts, local communities, families and individuals.
The evidence available leads to a simple conclusion: the benefits of strong and early action far outweigh the costs of not acting to address the major global crisis that is imminent if we do not tackle climate change. Local government integration of climate change strategies into future plans, document and policies makes them a key player in engendering support from the wider community.

Friday, May 14, 2010

Studio 5 –Bicultural framework and community development
The studio paper for stage three of the planning degree looks into working within a bicultural framework. For this semester, our studio class has been working alongside the Te Hana community just north of Auckland.
Firstly, in understanding this studio paper, the situation in Te Hana must be understood:
The Te Hana community is a Maori community located on State Highway One exactly half-way between Auckland and Whangarei. The community is organised and looked after by the Te Hana Charitable Trust who have recognised that there is a desperate need to address the current problems within the community. These problems include:
· High levels of crime and unemployment
· Poor housing conditions
· Low levels of education and qualifications
· High levels of vandalism as a result of complete lack of pride and well-being within the community
· Key infrastructure issues including no water and sewerage treatment during 2001-2002.
As a consequence, the Trust was set up and developed out of a response to address these core problems that were occurring within the community.
The key areas that the Trust wanted to address include the following:
· Restoring key infrastructure –in particular waste and sewerage
· Enhancing social development
· Restoring community pride and participation
· Preserving the environment and restoring for the purposes of catering to the needs of future generations
Therefore, in addressing and achieving these issues and goals, the Trust is responsible for funding and organising the Te Hana project. Outlined below is a brief description of the project:
The first part of the project involved the setting up of an education centre that provides educational courses to members of the community. Secondly, the main part of the project is the development of a cultural marae and tourist centre for the purpose of creating employment opportunities as well as restoring cultural pride within the community.
As part of our studio paper, our class went on a two-day trip up to Te Hana to visit the community and to attend a hui (meeting) in which we became familiar with the project itself and the trust who are involved with organising and developing the project. However, the underlying importance of the trip was to stay over the night at the marae and to familiarise ourselves with traditional Maori customs and cultural practices.
One of the key features of this studio paper is to understand the concept of community development and seeing how it relates to the Te Hana project. The concept of community development is defined by Hucker (2009) to mean the building of a stronger community through establishing the four well-beings which include social, economic, environmental and cultural which is exactly what the trust is working to achieve in the Te Hana community. This will be aimed to be achieved through familiarising the community and tourists to Maori customs and practices, and by establishing a strong sense of education and teaching skills to the community through large and small scale projects such as the tourist centre and community vegetable garden that will encourage community members to grow their own vegetables.
In terms of relating this to studio group work, the studio paper places a specific focus on community development in a culturally diverse society. As part of the project, the class has been divided into the following groups:
· River research
· Public toilet design
· Streetscape design
· Funding and marketing
My group is the river research group which is involved in investigating past, present and future uses of the river as well as investigating design techniques that could visually enhance the amenity of the space for public access as well as the feasibility of re-establishing a wharf that could potentially bring about economic benefits.
A specific theme to this paper is understanding the importance of community development in a culturally diverse society. One way of understanding this is the aim to achieve Maori self-determination. This is a concept that encourages the advancement of Maori people and the protection of the environment for future generations. This specifically relates to the Te Hana community in that the project is focused on restoring cultural identity and furthermore enhancing the social, economic, environmental and cultural well-being of the community.

Monday, May 3, 2010

Via Verde- The Bronx
In looking at affordable housing, the Via Verde project in the Bronx is a prime example of an affordable housing development that could easily be applied to the New Zealand context. The reason I find this project so interesting (even though it is only in the development stages and is not yet completed) is due to the rationality behind the design process. The Bronx as we all know has the reputation of a lower socio-economic neighbourhood in New York City. In the past, the methods to address housing and affordability has been to put up cheap, poorly conditioned slum blocks that have only encouraged social and health problems. However, the development of the Via Verde project has proved that affordable housing can be high quality, eco-friendly and also provide all the services and amenities to invest in social sustainability of future generations.
The site description involves a 151 unit apartment complex that is targeted to low-Income residents and mixed-use development. As part of this development there will be 71 co-ops to provide affordability for middle-income households as well.
The design of this project is inspired by integrating nature and city elements. This is achieved through designing around garden spaces including roof-top gardens that enable the community to participate in vegetable gardening and growing their own vegetables. Furthermore, the rooftop gardens serve as a function to harvest rainwater as well as providing open space for residents.
Other attributes of the site include open-air courtyard spaces, a health and education wellness centre for the purpose of dealing with the high levels of obesity and diabetes that exist in many lower socio-economic households in The States, a medical centre, a health-orientated fitness centre and bicycle storage areas. The purpose of providing these facilities is to encourage healthy living and investing into social sustainability for present and future generations.
The results of this project so far is that if implemented correctly will exceed LIUDD principles for environmentally responsible and energy efficient design. Many innovations to increase energy efficiency within the building complex include cross ventilation, solar-shading, smart material choices, green roofs and energy conserving appliances.
The key reason this project stands out to me is the focus on eco-friendly design as well as focusing on the health of the residents and meanwhile providing quality design for affordable housing. I find this interesting because in one project alone, the designers manage to incorporate all three features. It would be really interesting to follow this project into the future to see what results it draws and what consequences it may draw into the future in relation to social and economic aspects of the community.

Saturday, May 1, 2010

Afforrdable and Sustainable Housing
The housing 403 paper focuses on housing for affordability and housing for sustainability. Overseas examples are studied for the purposes of seeing how feasible it is to apply here to the New Zealand context. As part of the assignment, there are two options to choose from. The first is sustainability and the second is affordability. The assignment is about choosing an example from overseas and undergoing a SWOT (strengths, weakness, opportunities and threats analysis to see how feasible it is to apply to the New Zealand Context. In undergoing my research for this assignment, I found the following two examples highly interesting.
Hammarby Sjostad
The housing development of Hammarby, Sjostad is located in Stockholm, Sweden. Once a former Brownfield site it is consequently a highly contaminated site. However, the development of this site has a highly green and eco-friendly focus to restore the natural attributes to the site.
There are two main features in the design of the site. The first being waste and the second being design. In looking at waste, the most interesting and innovative system in the site is the incorporation of a series of pneumatic tubes connecting the courts of the building to the neighbourhood. Recyclable waste is divided up into glass, paper, and plastic and disposed of in the appropriate tube which is then sucked off the site. The benefit of this system is that it is highly convenient for residents in encouraging them to recycle and there is no need for noisy, polluting rubbish trucks to enter the site to collect waste. Furthermore, for the non-recyclable waste such as organic waste there is a composting system which produces fertiliser for the non-edible crops and then converted into biofuel which is used for heating district plants. Finally, for the non-organic waste, it is burnt and the energy produced from burning is used to generate electricity and heating.
The result so far from this system has been that of highly successful. This has reduced the environmental load by 50% and the use of private car has decreased by 40%.
In looking at design features of the site, there is a high standard for design and amenity within the site with an aim to develop a total of 12 subdivisions containing 2000 inhabitants in each. Each block is designed around a courtyard with green open spaces that encourage pedestrian activity. Furthermore, there is a strong focus on public transit system with buses and trams and the “spine of the development” contains a 37.5m wide boulevard with mixed residential, office and commercial space.
The Hammarby project is referred to as “a model for green living”. I found this development highly interesting because it outlines methods and innovations that enable a high standard of environmentally friendly design that could easily be applied to the New Zealand context.

Wednesday, April 21, 2010

Roading Hierarchy

Source: Georgia Sanders Photos, 2009


Road Hierarchy: physical infrastructure
Planning 202 is a paper that looks at social and physical infrastructure. Assignment two of the paper focuses on road hierarchies. Outlined below is an extract from my assignment that explains the road hierarchy system.
Macbeth, (2007) defines a road hierarchy system to mean developing a systematic approach to classifying roads according to their land-use functions. In response to this classification system, roads at the top of the hierarchy are classed as arterial routes which cater to higher volumes of traffic. Similarly, roads at the bottom of the hierarchy are classed as local roads which serve an access function through lower volumes and speeds.
The road hierarchy system is used widely by Territorial Local Authorities (TLA’s) and transport agencies such as Transit NZ and Land Transport New Zealand (LTNZ) for managing traffic.
The purpose of this assignment is to understand the following:
Correctly designed road hierarchy systems guarantee that traffic movement runs more efficiently. Meanwhile, enhances the accessibility for other users of the road to properties. Quality Planning Project (2003) outlines that “road hierarchy systems are a robust method used commonly in district plans as a good basis for developing provisions in district plans a means of managing the district roading infrastructure. Road hierarchy can be used as an environmental management tool to assist in controlling affects e.g. noise and amenity protection” (Macbeth, 2007, p.4).
In addition to this, Transit NZ states that by implementing a road hierarchy, this will deem what land- use activities are appropriate given the locality as well as achieving more suitable environmental outcomes.
Outlined below defines the levels within the road hierarchy system in accordance to the Transit NZ road hierarchy definitions (from highest to lowest in the hierarchy system):
Road type Function
1) Motorways/Expressways
• Nationally strategic roading network
• Contains the highest degree of access and control standards
• Provides a high level of user service at all times

2) Primary (regional) arterials
• Major roads forming strategic links between and within regions and districts
• Involve some access controls such as providing standards for permitted activities that are determined by strategic function and traffic volumes

3) Secondary (district) arterials
• Form strategic links within and between districts
• Serve as local roads
• Access standards are determined by:
o Form: physical alignment of the road
o Function: role of road and traffic volumes


4) collector routes
• Local routes between areas of population/commercial activity
• Complement district arterials but giving higher priority to property access

5) local roads
• All other roads
• Standards for these roads are considered appropriate for traffic operation and land-access requirements

Furthermore, in understanding this road hierarchical system, the assignment required us to assess the road hierarchies in our local areas. How I went about studying the road system of my area was by studying the definitions developed by Transit NZ of the alternative road types and applied them to my area. Furthermore, site visits of the study area enabled me to experience and observe the differing levels of roads in the study area from a pedestrian point of view. In doing so I observed the frequency and types of traffic, adjacent land-uses and whether provision had been made for alternative transport such as buses and bicycles in an around the study area.

Integrated Catchment Management

Integrated Catchment Management (ICM)
Planning 204 is a paper that focuses on developing an Integrated Catchment Management Plan (ICM).
Firstly, in order to understand what an ICM is it is essential to define the word “Catchment”. A catchment can be defined as precipitation that lands on vegetation and either percolates into the ground, evaporates, flows via creeks and streams into rivers, lakes and estuaries.
Secondly, an Integrated Catchment Management Plan can be defined as a process to respond to the need to manage human interactions within the ecosystem structure and function. Furthermore, ICM covers the wider realm of social and environmental issues in relation to ecosystems. It works to manage the relationship between human activities and ecosystems. Water is arguably our most important resource in that “every living organism on this planet requires water in some form. Water, therefore regulates population growth, influences world health and living conditions and determines biodiversity” (Newson, 1992 cited in Heathcote, 1998, p.11). Therefore, ICM is arguably one of the best units for the management of water resources.
For the purpose of carrying out an Integrated Catchment Management plan we got into groups and were allocated catchments. My group’s allocation was the Kaukapakapa River and estuary out to junction with Kaipara Estuary.
Firstly, we had to familiarise ourselves with the allocated area by studying a topography map of the catchment and spending a day visiting the catchment to take photos and observe the land-use within the catchment as well as the water quality.
The features of the site that we undertook research for in the first part of the assessment involved researching the following:
• Biophysical characteristics (soils, geology, climate, topography)
• Hydrology (water quality, water demand, dams, salinity, flows)
• Biology (flora and fauna)
• Built environment (land use, consents, culturally significant sites, archeology)
This therefore, laid out characteristics of the catchment in relation to land use that placed a significant impact on water quality.
The second part to the assessment was individual work in carrying out a suitable Integrated Catchment Management plan that would outline economic and social strategies to enhance and manage the catchment. Some examples include riparian vegetation for the prevention of stream bank erosion and shading, planting along the contour lines to prevent erosion, fencing along the stream bank and re-vegetating ecological corridors to prevent fragmentation of vegetation and biodiversity loss within the catchment.