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Private Plan Change Request: Myland Holdings Ltd; Scarlys Way
P a g e | 83 6 September 2010
Appendix 7 Eastland Network Limited Comments
NEtwork
Thursday 11 th June 2009
Ross Muir
I nsight Gisborne Limited
PO Box 986
GISBORNE
Dear Ross
REZON E - SCARLYS WAY
Further to you letter dated 13tn May 2009 (and attachments) , Eastia nd Network LI ited offers
the following comme ts regarding t e proposed land rezoning at Scarlys Way.
The exi st i g llkV overhead li ne/transformer ret iculation installed by t he owner, is a privately
owned l 1kV service ma l as it is situated on private land . If t hi s line was to be used for
supplying power to any futu re developments, it needs to be noted that all faults/maintenance
etc wou ld be the responsibility of all t he connected co nsumers.
If future development required the relocation of the li ne or any new reticulation to within the
Road Rese rve, East land Network would look at taking t he ret ic lation back provided a total
subdivision s~ h em e plan was implemented an d all proposed sections where reticulated .
Yours sincere ly
Linda Broughton
Desig n Draughtsperson
Eastla nd Network Ltd
Phone: 06 869 0700
Mobile : 021 844 498
Private Plan Change Request: Myland Holdings Ltd; Scarlys Way
P a g e | 84 6 September 2010
Appendix 8
Ngati Rakai Cultural Protocol
NGATI RAKAI-NGATI ONE ONE HAPU WAHI TAPU PROTOCOL
PROTOCOL FOR THE DISCOVERY OF WAHI TAPU OR ARCHAEOLOGICAL SITES OF NGATI RAKAI ........... . ,.
1. HISTORY OF LAND AND TANGATA WHENUA.
The tangata whenua of this land is Ngati Rakaiatane ofTe Aitanga A Hauiti, Iwi. Horouta Waka landed in Turanganui A Kiwa (Gisbome) around 1350AD depositing the sacred gods of the voyage in the Kohurau caves located in the cliffs of Maungaroa at Wainui. In I 660AD Rakaiatane and his followers settled the land from Maungaroa and Tuaheni n0l1h to Pouawa, Whangara. The direct descendants of Rakaiatane and his sister Hine Haeretaua now reside and maintain ahi kaa on their ancestral land at Wainui. below the Maungaroa ranges. Rakau A Ue the remaining urupa is nearby in Tuahine crescent, Wainui.
Today along Wainui Beach reserve and Lysnar Domain arc many ancient sites, wahi tapu of the Tangata whenua. 1\gati Rakai. From Pouawa, in the north to Maungaroa in the south and inland to Waimata East: Rakaiatane and his followers maintained their lands and seas along the coast. Many Pa, Panehu and Waiwhakata: east ofMr Prossor's property associated with Rakaiatane and Hine Haeretaua; some remnants remain including settlement features such as kUlllara pits and lookout posts are located on this land. According to Ngati Rakai histor) no Pa sites exist on the Prossor land. however. the Te Rimu Stream is noted as a major route which provided the enemy of Rakaiatane the ability to enter the Hamanatua stream to access the foreshore and fishing places of Ngati Rakai. Many incidents of battles between Kgati Rakai and Te Aitanga a Mahaki culminated in a major battle at the mouth ofllamanatua stream \vith the defeat of Mahaki by Konohi, nephew or Rakaiatane, Chief of Whangara in 1700AD.
The Historians Richard Leach and Rongo Halbert. name l\gati Rakai as the hapu, referred to in the Native land Court in 1870 under the chiefly mantle of Rakaiatane. Today Ngati Oneone is commonly used by many descendents along with, Ngati Rakai, used by Rakaiatane descendants still living at Wainui on the land that was reserved for the hapu by the Native Land Court in 1874. (Source: Ingrid Searancke, Wainui 2009)
2. THE NGATI RAKAI-NGATI O~EONE PROTOCOL TO GOVERN DISCOVERY OF WAHI TAPU SITES.
In the event of an "accidental discovery" of wahi tapu, including koiwi, and or any archaeological material and human remains the following steps shall be taken:
2.1 All work within the vicinity of the \\ ahi tapu site. that is the immediate area or location where the materiaL artifacts or koivvi have been discovered. will cease immediately.
2.2 The owner and or the building contractor including plant operator. \\ill remove all construction equipment and immediately inform all relevant representatives ofNgati Rakai, archaeologist. and Council.
2.3 The site must be secured to ensure that all archaeological material or koiwi is undisturbed.
2.4 Ngati Rakai will immediately \\ ithin reasonable time: being three working days. attend with their kaumatua to conduct appropriate cultural blessings accordingly. All personnel on the construction site including the o\'vner are accordingly invited to attend the blessing to ensure inclusive protection and understanding ofthe cultural norms exercised by Ngati Rakai.
2.5 Ngati Rakai and the archaeologist. including the ~z Historic Places Trust will attend the site and agree on the process onward to either remove the material excluding koiwi, which will be relocated to the Tairawhiti Museum or agreed location; or to remain insitu with the agreement of the owner.
2.6 Koiwi or human remains iffound \\ill be under the protection of1\gati Rakai and the NZ Police. Ngati Rakai agrees that in the initial stage after all inquiries are held by the NZ Police to determine the age of the koiwi (pre or post 1900): that the Koiwi will be removed and placed in the Tairawhiti Museum until Ngati Rakai re-interr the koiwi in Rakau A Ue urupa at Wainui (luahine Cres).
2.7 Ngati Rakai agrees with the owner of the land that reasonable work outside of the wahi tapu site can continue after the kaumatua blessing of the nev\ discovered site. It is important that all work ceases until the kaumatua blessing. Ngati Rakai vvish to ensure that the owner is not inconvenienced unduly. and apologise in advance for any inconvenience suffered by the owner.
2.8 All representatives of Council, the archaeologist. visiting the site including Ngati Rakai must observe the Health & Safety Act policy put in place by the owner and building and plant operator. Additionally the 0\\ ner would be advised to compile a list of all authorized visitors to the site.
2.9. The recommencing of\\ork \\ ithin the site location is agreed by ~gati Rakai. the archaeologist. Gisborne District Council. NZ Pol ice (if relevant).
2.10 Ngati Rakai agrees to \york with the O\vner, including building and plant operators, and all other statutory bodies to ensure the shortest possible time delay \vill be employed, in the recommencement of the work: while \\ahi tapu sites discovered are protected, including the recording and or removal of the material or koiwi.
2.11 The length of this Protocol is to cover all operations. including construction and roading: encompassed in the Myland Holdings Ltd proposals for zone change and subdivision applications set out in the Grant & Cooke concept plan. The scope and intent of this protocol is to support the land owner and provide historical references and cultural history ofNgati Rakai and their \\ahi tapu.
2.12 Ngati Rakai appoints Nikki Searancke . ..J.j Lloyd George Road, Wainui Gisborne to liaise with all parties involved with Myland Holdings Ltd: "Scarlys Way" Lysnar Valley, Okitu, Gisborne in the implementation of this protocol agreement.
2.13 Ngati Rakai has agreed that Myland Holdings Ltd will obtain an archaeological assessment of the said land.
2.14 The authority of the signatories to this Protocol is upheld by hapu: Ngati Rakai and Ngati Konohi kaumatua. including Ngati Oneone.
Ngati Rakai-Ngati Oneone Protocol for ...tt'\~.~ ~.~. 1+0 L. ~ IN ~.s 1_-' M \1£1)
Signed: rI~1t1 ~U Name: INGRID SEARANCKE
Address: 41 Lloyd George Road Wainui GISBORNE
Date: ~tP / 7/oi'
Name: Temple Isaacs
Address: 11 Forest Park Lane GISBORNE
Date:
Signed:
Address: U)~O7C/ 4'C20J ~ o(~ p~n~ ~orne.
Date: PLf/7/df
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Address: /l~---:~ (U .~ ¥~
Private Plan Change Request: Myland Holdings Ltd; Scarlys Way
P a g e | 85 6 September 2010
Appendix 9 Summary of Consultation Responses from Residents
Dear Neighbor,
The enclosed information is to make you aware of a proposed zoning change by a private developer in Lysnar Valley. They propose a 41 house subdivision on Jand currently zoned Rural Residential. Their proposal is for a zoning change to General Residential with lot sizes of 1000 square meters.
Please give the time to review the enclosed documents and the response letter that has been written.
A zoning change in the Lysnar Valley to high density housing would set in motion a precedent we feel is unacceptable to our community. lfyou agree with the negative impacts outlined in the response letter please sign it and sent it to the Gisborne District Council planner, Kim Smith using the pre-paidladdressed envelope provided. If you wish to write your own opinion letter, please do so.
Time is of the essence on your response. The sooner you respond the better our chances are of keeping the Lysnar Valley a beautiful rural setting and stop the negative effects of high density housing that would affect many in the neighborhood.
Please help to make others aware ofthis proposal. The more opinion letters to Kim Smith at the Gisborne District Council the better.
Thank you.
My Land Holdings Ltd Private Plan Change Request Scarly's WaY,Okitu
Key issues ofconcern in the plan as outlined in proposal Dated 8 May 2009 by Insight Resource ManagementlMyland Holdings Ltd
I. Current zoning is Rural Residential which is ] ha. As proposed, General Residential zoning down to 1000 square meters in the middle of a beautiful rural valley environment is not appropriate. Lysnar Valley has a history ofpastoral farming and equestrian pursuits. A high density housing subdivision does not fit within the character of the surroundings and would scar the valley.
2. On site sewage treatment for General Residential zoning is already in question as to it's suitability within the Wainui/Okitu area. In this case, the proposed high density sections would border the Hamanatua Stream. Any failure of on site systems would likely end up in the watershed and effect downstream water quality. History shows that failures of on site systems of General Residential zoning in the area is of concern.
3. Electrical power is stated as being provided by a recentl y installed 11 k V aerial line. Supply of power to any new subdivision should be underground. Overhead lines are no longer acceptable, especially in this beautiful setting.
4. Lysnar Street is currently narrow with parking frequently onto the roadway by residents and visitors. There are no sidewalks on Lysnar and pedestrians are frequently walking in the road as they make their way to the beach, school, etc. Increasing traffic to accommodate 41 future house sites is not safe on Lysnar Street with the current width and lack of sidewalks.
5. Increase runoff into Hamanatua Stream and its negative down stream effects at the lagoon, the beach and the ocean will be likely. Runoffwill be increased to a large degree by a General Residential zoning change.
6. Street lighting is not appropriate in the Rural Residential zoning area.
7. Recent estimates show that at the current rate of growth in the Gisborne City area, there is presently nearly a 20 year supply of sections already in existence. With a large new subdivision being completed at Sponge Bay, it remains to be seen how many years it will take to sell the sections already established. In this current extended <economic downturn, the demand for General Residential sections is weakening. A further over supply ofGeneral Residential sections will take place when Elmers property on Wainui Road moves forward with development as already proposed. The "need" for a zoning change to accommodate growth is unsupported.
8. Myland Holdings proposal seems to rely heavily on Gisbome District Council's Plan Change 37 identified the "possibility of residential rezoning of the land". The Gisbome District Council did withdraw the proposed plan change.
9. The lack of archeological sites on Myland Holdings property is questionable when compared with known sites in the near vicinity.
Overall the proposal by Myiand Holdings Ltd and Insight Resource Management for a zoning change from Rural Residential to General Residential attempts to paint a positive picture as to why it should be approved. The reality involved with the proposed change is far from positive and would be a negative determent to the surrounding area and the existing community in many ways.
The current zoning should stand as is in Lysnar Valley and any housing development should be within this current zoning of Rural Residential. General Residential zoning should be kept closer to urban areas and not placed like an urban island in the middle of a beautiful rural vaIley setting. The surrounding neighbors have called this area home because of the beauty of the valley and the lack of high density housing within it. Let's not allow a developer's greedy pursuit of maximizing a resource ruin the character of the Lysnar Valley.
Signed
Date
Address
No. From Address Date Petition Letter Additional comments
1 Susan & Greg Klavs 35 Lysnar Street 27.05.09 Yes
2 Sheila Kingston 87 Winifred Street 28.05.09 Yes
3 Alma Sheldrake 15 Douglas Street 28.05.09 Yes “Greedy Developer” comment struck‐out
4 R.E. & B Quirk 18A Douglas Street 28.05.09 Yes
5 A Harris 8 Williamson Street 28.05.09 Yes
6 KH & LJ Daniels 36 Lysnar Street 28.05.09 Yes Cover letter: Inappropriate development in a rural setting
7 Jo Wickham& Nick Webb 9 Douglas Street 29.05.09 Yes Moana Road/Lysnar street intersection is presently dangerous, visibility is poor especially due to speeding southbound traffic including logging trucks. Visibility compromised with early morning sun. Witnessed several very serious near misses. increased traffic will make intersection more dangerous.
8 Barry Morpeth 5 Lysnar Street 29.05.09 Yes Cover letter. Requests no change to rural residential zoning. Increased traffic on Lysnar street would be dangerous, esp. for school children and residents reversing vehicles out of driveways. Water quality of Okitu Lagoon would suffer. Gisborne has enough empty sections.
9 (see 8)
10 Jillian Wallis 19 Lysnar Street 01.06.09 No No footpath on Lysnar Road; Pedestrians will be placed at more risk. Blind bend in Lysnar Street. Not enough room for two cars and a pedestrian. Locals drive to the conditions, other may not. Walking on grass not safe, she broke angle slipping on grass verge in 2004. Suggests use of paper road on other side of Hamanatua stream. Double the size of sections to reduce the number. Concerned about effects on rural setting and the length of time it takes for vacant sections to sell.
11 Betty Collier 32 Lysnar Street 29.06.09 Yes Resident since 1972
12 Kathleen Green 20 Lysnar Street 31.05.09 Yes Clause 4 of petition letter (traffic issues) is highlighted
13 N & L Chapman 18 Lysnar Street 30.05.09 Yes
14 Nigel & Beth Croon 48 Moana Road 02.06.09 Yes
15 Gavin Virtue 44 Lysnar Street 28.05.09 Yes
16 E. Ford 46 Lysnar street 29.05.09
17 Norman Weiss & Diana Whakapapa
32 Douglas Street 31.05.09 Yes Agree with all points in petition letter
18 Sarah Dixon 131 Wairere Road 02.06.09 No Urban Sprawl. inappropriate project, increase traffic, more air pollution, CO2 pollution, global warming, demand for motor fuel, overcrowding of Wainui School, increase stormwater runoff affecting Hamatua stream 7 coast. Increased law enforcement issues and emergency services trips. Pollution of water
19 Scott Pitkethley 3 Lysnar Street 03.06.09 Yes
20 Karinjean Danielle & Trevor Herk
100 Lysnar Street 01.06.09 No Potential adverse effects on biodiversity, water quality, land stability and erosion. The location, scale and nature of proposal, its effects on balance of land and adjoining properties; Questionable need for more residential land; Effects on rural activities and the rural zone;
Compromise of rural amenity and surrounding properties, especially with additional traffic creating traffic/pedestrian safety effects on users of roads Acknowledge area is identified for future residential development. Do not object to this provided residential sections are no less than 1 acre (4048m
2).
Encourage GDC to continue commitment to long term strategic integrated approach to planning
21 ?? 20 Pare Street 07.06.09 Yes
22 KG & KL Giesler 17 Winifred Street 02.06.09 Yes
23 GL Ebbett 89 Winifred Street 02.06.09 Yes
24 ?? 143 Wairere Road 04.06.09 Yes
25 H Holden‐Judd 143 Wairere Road 04.06.09 Yes
26 KJ & J Grealish 12 Lysnar Road 30.05.09 Yes
27 ?? 34 Wairere Road 28.05.09 Yes
28 G & C Armstrong 45 Winifred Street 08.06.09 Yes
29 JC Richards & WG Moon 41 Winifred Street 04.06.09 Yes
30 C Powers Prossor & L Prossor
130 Lysnar Street 08.06.09 Yes Opposed to the subdivision and neighbourhood impact. Opposed to change in zoning to General Residential. Seeks To keep zoning as Rural Residential. keep the Lysnar Valley as intended by its original founders
31 Tuamotu Ltd (L Prossor) 130 Lysnar Street 08.06.09 Yes “As director of an adjoining property who recently subdivided our land into seven additional home sites all under current zoning (except one lot of 4,000
+m2) I strongly oppose a zoning change to General Residential”.
32 ??? (possibly J Woods) 22 Douglas Street 09.06.09 Yes
33 B Wagner 42 & 42A Lysnar St 08.06.09 Yes
34 ?? 1A Wilson Street 09.06.09 Yes
35 ?? 37 Valley Road 06.06.09 Yes
36 ?? 20 Pare street 08.**.09 Yes Separate to petition letter No. 21
37 K McVey 54B Lloyd George Rd 06.06.09 Yes
38 ?? 3 Winifred Street 03.06.09 Yes
39 L Brotherton 30 Lysnar street 29.05.09 Yes
40 S.??? 579A Matawai Road 10.06.09 Yes
41 S Cleave 91 Shelley Road 10.06.09 Yes
42 B & T Brown 123 Wairere Road 11.06.09 Yes Particular concern about effects of increased runoff and the way this may impact on beach users
43 M Evans 46B Moana Road 12.06.09 Yes Development within current zoning is acceptable but change izoning is inappropriate. High density development will have negative impact on community and environment
44 Phil Erickson 119 Wairere Road 14.06.09 Yes
45 ??? 139 Wairere Road 25.06.09 Yes
46 BJ Chubb & HC Robb 14 Lysnar Street 09.06.09 Yes
47 J.B. Puddick 130 Wairere Road 10.07.09 Yes
48 M Parkin & R Greenslade 33 Lysnar Street 24.07.09 Disagrees with Petition letter. Supports Plan change
49 CJ Nelson & KA Thompson 6 Sandy Cove 06.08.09
LOCATION OF PETITIONERS PROPERTIES (AUGUST 2008 ZONE CHANGE REQUEST)
OPPOSES SUPPORTS
PETITIONERS` PROPERTIES NOT MAPPED
34 Wairere Road 1A Wilson Street 20 Pare Street 579A Matawai Road 119 Wairere Road
20 Pare Street 37 Valley Road 54B Lloyd George Road 91 Shelley Road 6 Sandy Cove