Thursday 9 January 2014

District Plan Review … A Balancing Act


District Plan Review … A Balancing Act

Published Bay Buzz Nov 10th 2013 http://www.baybuzz.co.nz/archives/7075/



The election noise is thankfully over. Time to settle back into three more years of ‘head down, bum up’ ongoing work. One of the projects keeping our public servants busy is the review of the Hastings District Plan.

Development rulebook

The District Plan (DP) is a document legally required by the Local Government Act to define the nature of development for a district or city council. In essence, it is a set of rules dictating what we can and cannot do as of right in our backyard. It sets trigger points for council involvement via resource consent processes, as well as defining good practice and criteria for assessment.

“The Hastings District Plan provides the means for the people of the Hastings District to manage the effects of the use, development and protection of the natural and physical resources within the Hastings District. It guides and controls how land is used, developed or protected in order to avoid or lessen the impact of any adverse effects.”

By law every statutory authority must have a DP and must review it every ten years to make sure development rules remain current, are reflective of community aspirations, as well as allowing for a sufficient land supply for both residential and commercial/ industrial activity, economic development and employment growth.

It is an opportunity to integrate strategic vision and community aspiration in a statutory document.

The review process

A draft version of the revised DP was presented in meetings around the district in April into June. 312 submissions were received and public presentations to a hearing committee were encouraged. Comments were taken on board where council officers saw merit and each submitter was entitled to a written response.

“As a draft, the Plan has no legal status under the Resource Management Act. The reason for releasing a draft, is to give the community a feel for the direction that the Council is proposing to take in its review, and provide an opportunity to comment on an informal basis.”

A daunting piece of work on all accounts, but a box has been ticked and the process has moved a step closer to becoming law.

The ‘official’ draft DP will soon be notified with all revisions based on informal comments in place. The public will then have the chance to make formal comments on the document and go through a formal hearings process.

The timeframe for comments is 9 November through 14 February, just in time for some holiday reading. Any aspects of the plan that are not submitted on become operative by default. A process follows where submissions are reviewed, a few more boxes are ticked, and – presto – the District development direction is cemented for the next ten years.

Development is the word

The draft DP is no lightweight bedside reading! It’s a copious volume of policy and rules focused on what is and isn’t allowed in our built environment, compressed into a whopping 1,088 pages.

That’s too much to examine in any detail in this article. Instead, I will try to highlight from my point of view – as a Hawke’s Bay-based, internationally trained, urban designer – some of the key areas of change worthy of consideration, scrutiny and applause, as appropriate.

To get a taste of the draft DP, I conducted a word search to identify some of the key focus areas in the document.

The prize for most used word goes to  ‘development’ – 2,372 instances, which rightly confirms that the theme of the plan is district development! No rocket science there.

The word ‘amenity’ is counted 1,071 times – the counter to development and a key concern of the plan and those authoring it.

The balance between development and amenity is what the document, in the end, is charged with brokering. This in itself highlights a fundamental conundrum. Development and amenity have a strained relationship at the best of times – control versus the free market, rules versus freedom, the opinion of technocrats versus individual taste, and of course, the right of the individual versus the greater good.

Other notable words include: manage (1,039), design (873), parking (722), quality (252), mitigate (229), control (233), density (212), sustainable (210), urban design (128), and fences (135).

Some interesting ‘laggards’ include: balance (62), versatile soils (49), architecture (6), and productive soils (5).

New directions

For the last thirty years, the district has had a ‘one size fits all’ system for controlling residential development in urban areas – an ‘any development is good development’ approach that is past its use-by date. The same rules have been applied to a residential property whether in Central Hastings, Havelock North or Flaxmere. That is about to change significantly.

A new regime of residential zoning rules is been launched, the objective of which is:

“To enable residential growth in Hastings by providing for suitable intensification of housing in appropriate locations.”

However, the horse has already bolted on unsuitable infill, which has conspired to destroy the garden city aspect of the district over the last thirty years. It is difficult to find a street in Hastings that hasn’t been peppered with infill to the benefit of a baby boomer’s retirement fund. Low minimum site requirements of 350 m2 have allowed for some fairly high density, low amenity areas to develop.

Density of housing development is measured in Dwellings per Hectare (DPH). Traditional Pavlova paradise has been around 12-14 DPH, but infill development under current rules has allowed up to 28 DPH.

Infill development is an issue much bigger than the Hastings district; it is at the core of a national debate around housing affordability and Kiwis’ cultural attitudes to property and housing. ‘Urban intensification’ is also an issue of national scale. A term that has caused much nimbyism, political wrangling, closed door dealings and PR billings.

Aiming to solve issues of national significance is optimistic at best for a district the size of Hastings. Shouldn’t issues of national scale be left to central government to solve, leaving local government to get on with what they are best at? We have national standards for all kinds of things, why not design?

So now, perhaps thirty years too late for Hastings, rules are about to be put in place redefining what ‘character’ is and what you can or can’t build where. The District Plan review has thankfully highlighted the need to maintain ‘character’ in certain areas of Havelock north and Hastings and has established specific zones of residential character.

Hastings has 13 proposed Character areas to which varying degrees of protection apply. They have been identified based on technical reports and consultant feedback and are generally interested in maintaining pre-1950s character.

Alongside and overlapping with areas of character are two other new zones affecting residential development – the City Living zone and Comprehensive Residential zone. A general residential zone remains in place, but minimum lot sizes increase from 350m2 to 400m2.

Planned intensification

Driven by the regional policy statement (RPS 4) and the Heretaunga Plains Urban Development Strategy (HPUDS), the DP review has come to the party to lay the groundwork for a housing intensification program.

‘Planned intensification’, to assist with meeting future demand for housing in Hastings is to be provided for.”

In the name of protecting the precious soils, a regional push to counter sprawl has predicated areas where higher density suburbs could be developed. This current District Plan review has taken the opportunity put some detail into HPUDS to allow for ‘strategic’ implementation of policy and roll out in those HPUDS-specified areas. Some have been deferred, such as Haumoana/Te Awanga; some have been largely ignored, such as Hastings CBD; and others have been given a clear green light, like Mahora.

The choice of areas for intensification has been based on proximity to commercial zones, proximity to parks, as well as capacity of existing infrastructure to cope with increased loads.

Predictions on future demand are based on Statistics NZ data and a range of growth scenarios. Figures just released indicate Hastings District has grown only 5,820 residents since 2001 (from 67,425 to 73,245), or only 0.7% per year (485 people). The HPUDS assumption is a growth of 6.3 % or 8,255 new Hawkes Bay arrivals in the period 2015 of to 2045. 

Creating density

A Comprehensive Residential Zone has been created to enable what it suggests:
‘Comprehensive Residential Development’, where multiple residential units are planned in an integrated way and enable better amenity.”

Minimum lot sizes (250m2 per residential dwelling, or 40 DPH) are prescribed for comprehensive development to occur. The premise is that multiple sites could be purchased to create a super site (minimum 1400 m2) of enough scale to predicate an integrated development approach much like townhouses of yesteryear.

Assessment criteria have been proposed for projects in this zone including “Whether the development is an appropriate architectural quality, is aesthetically pleasing and contributes positively to the surrounding area.” Site orientation and project utilization of passive solar capacity is one forward-thinking criteria introduced in this zone.

Methods for evaluation are not outlined, but there are many models to draw on. Urban designers and urban design panels are a valuable resource to other councils in this respect. It will be interesting to see how the Council’s own development on Fitzroy Avenue will stand up to the new assessment criteria of “appropriate” quality, without being vetted for design quality.

“Comprehensive Residential Development can occur subject to meeting assessment criteria and evaluation to ensure it is designed to carefully fit in and respect the particular characteristics of that area.”

The City Living Zones are based on the idea of sites closer to the inner city being more suitable to higher density living. The zoned areas are located in close proximity to Mahora shops & Cornwall Park, and around local shops on Heretaunga Street East and the open space of Queen’s Square and are tagged to provide more choice than what the current market provides. Proposed site areas are 250m² average minimum with a maximum site size of 350 m².

“The City Living Zone is essential to the successful implementation of HPUDS in achieving a more compact urban area.”

These new residential zones sit in uneasy alliance. The premise of intensification around parks, especially Cornwall Park and Queens Park, is somewhat at odds with the retention of character.

Minimum site sizes are required for the comprehensive model, which will mean developers need multiple sites cleared to create a higher density product. This seems to pose a threat to the character of the area being developed. Will the assessment criteria and method of assessment be robust enough to prevent this from happening?

There is a risk the amenity of some character zones around parks will be compromised.  The plan is trying to protect with one hand, while allowing an untested model with the other. That is the planner’s conundrum. Developers’ yields would potentially double, with no clear process for targeting development contributions back into the affected community. Meanwhile, existing public amenity can be seen as adding value to the developer’s project. Not a bad deal.

Higher density living definitely requires greater access to parks and public space than the ‘garden city’ model. However, this does not mean higher density housing should be located near existing parks and high public amenity areas. There is potentially a recipe for compromise.

Generally, intensification is targeted in areas with transport and commercial nodes or along arterials, with large brownfield sites prioritized. Developers should be compelled to provide quality public space as part of their planning, placing the responsibility for amenity on developers rather than the community.

Compact cities with a high regard for design and public space are by necessity the way of the future and the council should be applauded for taking this approach. The difficulty arises in ensuring quality. A medium density design guide is in the works; it will be interesting to see how it adds detail to the DP once published.

We need not approach urban intensification naively; rather we should take aboard the options, research and best practice examples and mistakes of the last thirty years. Ultimately the DP provides a great opportunity for the region to lead.

We need to be sure there is robust discussion and understanding of the issues the DP sets out to address in its proposed re-jigging of residential development rules, and that the idealism inherent in the  planning profession comes to the fore providing the means for the people of the Hastings District to manage the effects of land use, and development.


Wednesday 8 January 2014

Hawkes Bay Urban Design Panel




Hawkes Bay Urban Design Panel a Regional Opportunity to Lift the Bar ?

Originally published Bay Buzz Issue # 15 July 3rd 2013


Design Panel review is a tried and tested method of promoting good design and is a cost-effective and efficient way to improve quality outcomes in the built environment. Urban Designer and Architect Anthony Vile argues it is a relevant, timely
and needed process in Hawke’s Bay.

Urban Design Panels currently operate in at least ten districts, both metro and provincial centers, throughout New Zealand. They have been credited with much success for getting Urban Design on the agenda nationally and locally, as well as being cost effective mechanisms for providing independent recommendations to developers and to councils on the appropriateness of projects with significant urban design implications. They have accordingly become part of the urban development process.

The need for design panels has been driven by a culture that has historically placed ‘design’ and heritage issues on the backburner, and the free market and developer margins on the front.

Inspired by their success overseas, professional bodies, academics, enlightened councils and the Ministry for the Environment have lobbied for there inclusion in development processes for over a decade. A turning point in their establishment was the ratification of the NZ Urban Design Protocol in 2000.


As provided in the New Zealand Urban Design Protocol:

“Urban design is concerned with the design of the buildings, places, spaces and networks that make up our towns and cities, and the ways people use them. It ranges in scale from a metropolitan region, city or town down to a street, public space or even a single building. Urban design is concerned not just with appearances and built form but with the environmental, economic, social and cultural consequences of design. It is an approach that draws together many different sectors and professions, and it includes both the process of decision-making as well as the outcomes of design.”


The general lack of specific design controls in district plans, combined with the subjective nature of defining what ‘quality’ in the built environment means, has historically left consent planners awash in a sea of uncertainty regarding assessment of design. This is compounded by a lack of specific training in design or its critical assessment. Consent applications can only be measured against the criteria established in the district plan and ultimately the Resource Management Act. If there are no criteria included for assessment of design quality then obviously there is no means for local authorities to establish a base measurement.

Without clear definition in district plans, nor the appropriately trained urban design staff ‘quality’ at the end of the day is whatever the relationship between a developer and a statutory authority decides it is. This can and has led to piecemeal and variable outcomes. Some developers care; some don’t. Some councils understand; some don’t.  It’s as simple as that.

Of course design quality is less of a concern when a project is tucked away on a lifestyle block and is an individual’s prerogative. However, when a project intersects with public space, public good and quality becomes an issue. This then is the activation opportunity for urban design panels, to be party to the process of design assessment and provision of assistance to developers in achieving higher amenity outcomes.

Design Panels in the Bay

In Hawke’s Bay, local councils have been on and off the design panel wagon for some time now. HDC commendably is a signatory of the Urban Design Protocol and in principle understands the value of good design practice. But where the rubber meets the road, the process seems easily derailed by personalities, politics and lack of rigor.

Various policies and mandates established over the last fifteen years have raised awareness in the development community, but not enough. The protocols and terms of reference for an “aesthetic design panel” that have been established conveniently contain an “as and when deemed appropriate” clause, providing an easy out and leaving the district with no certainty of process or outcome.

The HDC Aesthetic Design Panel (ADP) currently appears to be in a dormant phase. It seems to have fallen out of favor based on providing views contrary to the council’s own regarding projects such as Hastings Opera House, Regional Sports Park, Hastings Farmers store, and the large format retail on the former Nelson park site.

"We believe the council is about to make a grave mistake," a spokesman for the Panel, said when interviewed by Hawke’s Bay Today regarding the Nelson Park project in November 2007. In an article in 2010 the same paper reporting on the development of Farmers on Heretaunaga Street noted: “The ADP spokesperson, who did not want to be named, said’ Our report was already a compromise and while they've made a few changes to the plans it's only half measures’." ‘The council is quite determined to have Farmers on Heretaunga St, even though it's a completely inappropriate building for the main street’."
Two issues are at play here. One is there is no rigor in process behind the ADP. Its very name is misguided in terms of what its role should be. It’s not about ‘aesthetics’; its about raising the bar on provincial urban design (see definition above) via an independent and transparent process. The other issue is having a limited pool of design professionals to draw on whose critical advice could be misconstrued as negative as well as the potential for conflict of interest in a small community. As such, there is currently a climate of fear regarding being outspoken on design issues in the design community, symptomatic of the need for systemic change.
Napier has no clear policy regards the use of an Urban Design Panel, but through the district plan and active heritage advocates, such as the Art Deco Trust, the council has exercised much more control over heritage in the Napier CBD than Hastings has in its own. The design panel idea seems to be reserved for use on an ‘as and when needed’ basis. A specific ‘design group’ was established for developments in Ahuriri, but has seemed to be deemed irrelevant elsewhere.

At the regional council, pending Plan Change 4 – Managing the Built Environment – is in essence an urban design policy for the region promoting “more compact well designed and strongly connected urban areas.” The regional policy statement on urban development seeks to promote ideas of urban amenity as a regional issue. It might in fact represent an opportunity to establish a regional design panel that could provide consistency in design assessment and quality on a regional basis, simultaneously providing the scale necessary to provide a cost effective means of doing so.

Does a voluntary approach work?

The question arises whether a voluntary, non-regulatory method of achieving enhanced amenity outcomes works. I would argue it doesn’t. Either design and amenity need to be embedded in the district plans or an independent design panel needs to be established.

Such an instrument would need to be removed from the personal interests and politics of local development. Appointment would be based on qualification to provide professional advice to both the private and public sector as and when certain triggers are activated. It would act in an advisory capacity with the panel’s report given similar weight as other technical assessments such as engineering reports.

Meanwhile, as the region’s focus tends towards more urban incongruent with HDC’s some what puzzling statement “requirements for urban design are becoming more responsive to the activities of the development community” (HDC Annual Report, 2011/12) which for all purposes sounds like Auckland in the eighties. If we want greater amenity we should all be concerned that there is no best practice process to ensure just that. Recent Plan changes in reference to both Havelock North and Flaxmere CBD have picked up on the need for specific urban design related criteria to be utilized as well as the use of a design review process, but fail to provide the detail in how that might work.

What is quality and why should it be considered different in a provincial setting?

The closest the RMA comes to defining the importance of good design is contained in the definition of amenity value as below:

“Amenity values are those natural or physical qualities and characteristics of an area that contribute to people’s appreciation of its pleasantness, aesthetic coherence, and cultural and recreational attributes.”

It is a definition that closely ties the meaning to people and place. It is an important concept in the world of development, district plans and of course the Environment Court. The search tool (within Adobe Acrobat) counts ‘amenity’ 1079 times in the current Draft HDC District Plan; the word ‘architecture’ is mentioned a mere six, ‘urban design’ 128, ‘culture’ eight, and ‘community’ 595. So what does that mean and what are the results we can expect?

The district plan is the primary tool for delivering amenity value to the built environment. In Hawke’s Bay, HDC is in the midst of its legally required ten yearly review process. It has already been released as a Draft document and been through a preliminary round of consultation and submissions. NCC is simultaneously reviewing some aspects of their District Plan the point of which is to align more strategically with Hastings. Some keys changes are afoot that relate to so-called intensification and the ‘compact city’ idea – enabling ‘up and not out’ higher intensity land use in the residential sector.

There has been very little debate or public dialogue around any of the issues contained in the District Plan review. It will be interesting to see as the review progresses if the same degree of NIMBYism occurs as has in Auckland (where 29,240 formal submissions were filed on the Draft Unitary plan). This will be dependent on the manner in which constituents are consulted, what and how proposals and issues are communicated, and what level of interest in the democratic process the average punter has outside of the usual demands of living in the Bay.

As part of this District Plan review perhaps than we should be taking the opportunity to borrow some of the experience from other regions and instigate at a regional level some kind of design review panel process that can add significant value to the region. It not about adding cost or bureaucracy to the development process as some opponents will suggest. Rather, it is about using experts in their fields to add value and help the region lift its game in a globally competitive market where the perception of amenity in the built environment attracts dollars. Bottom line.

Back in the 80s and 90s when Auckland was running amuck with prada wearing developers and their shiny beamers, generating the bad rap and JAFFA moniker that has stuck, the then Auckland councils were not yet up to speed on urban design. Any development was good development. A passionate group of academics and professionals alongside a sympathetic Ministry for the Environment put pressure on to establish NZ’s first Urban design panel. It has been in existence now for 10 years. The quality of public projects and building we see across that region now is largely the result of the work of the panel in changing attitudes both with in the council and development communities. The same can be said for Queenstown.

Auckland’s experience suggests that some form of independent review process raises the bar, and that most developers and their design consultants are more than willing to respond to the challenge.

It’s perhaps time for Hawke’s Bay to embrace this as a process and a strategic challenge.

‘Best practice’ design review panels rest on these key principles:
  1. Independence – conducted by people separate from the scheme.
  1. Accountable – records and explains advice and is transparent about potential conflicts of interest.
  1. Expert – is conducted by suitably trained people who are experienced in design and know how to criticize constructively.
  1. Advisory – it does not make decisions but acts as a source of impartial advice.
  1. Accessible – its findings are clearly expressed and communicated.
  1. Proportionate – it is used on projects whose significance warrants public investment.
  1. Timely – it takes place as early as possible in the life of a design.
  1. Objective – it appraises schemes according to objective criteria.
  1. Focused – on outcomes for people ... it asks how this project can better meet the needs of the people.
  1. Focused – on improving quality … it constructively seeks to improve the quality of architecture, urban design, landscape infrastructure and town planning.



Current Hawke’s Bay projects where an Urban Design Panel review system would provide benefit:

Flaxmere town centre any and all projects
Flaxmere Community Centre redevelopment
Any and all multi-unit housing proposals or subdivision across the region
Napier Hospital Hill redevelopment
Hastings Civic square redevelopment
Hastings CBD – any and all projects
Napier CBD – any and all projects
Napier- Marine Parade
Havelock North CBD – any and all projects
Whakatu Arterial
Cycling Walking infrastructure.