Current: Private Plan Change 95
Pencarrow Estate - Pongakawa
Council received and accepted (for public notification) a proposed Private Plan Change application for rezoning of rural zone land and new structure plan to allow development on an approximately 12ha site at Arawa Road, Pongakawa.
Private Plan Changes enable applicants to initiate proposed changes to the District Plan without needing to wait for the District Plan Review. Because these are Private Plan Changes, the applicants are required to support the Private Plan Changes through the submission and hearing process and may be called on to cover costs.
The purpose of the Pencarrow Estate Pongakawa Structure Plan (1491 SH 2 & 53 Arawa Road, Pongakawa) is to rezone the existing rural zone to predominantly residential, with provision for commercial zone and associated reserves. A structure plan has been developed for the site which proposes specific development requirements across three stages. Rule changes are proposed for the structure plan area to allow for specific residential lot sizes and development controls in the Residential Zone, and some specific controls in the Commercial Zone. The Structure Plan also proposes a new link road through the site, with access from Arawa Road.
Appeal
The period for making an appeal against the decision to decline the application for Private Plan Change 95 has now closed.
One appeal was lodged with the Environment Court by Classic Developments Holdings Limited as owner/successor to the Private Plan Change applicants.
The notice of appeal can be viewed here: Private Plan Change 95 - Notice of Appeal
All persons who made a submission or further submission have been served with a copy of the notice of appeal by the appellant. These persons may join the proceedings (as an interested party) by giving notice to the Environment Court within 15 working days after the period for lodging a notice of appeal ended.
Decision
The decision on Private Plan Change 95 was publicly notified and served to all parties on 13 June 2025.
This decision is to decline the application and was made by Independent Hearing Commissioners.
The decision and reasons for accepting or rejecting submissions and further submissions can be viewed here: Plan Change 95 - Decision (PDF, 4.5MB)
The Public Notice for the decision can be found here: Plan Change 95 - Public notification of decision (PDF, 85KB)
Any person who made a submission or further submission had the right to appeal the decision to the Environment Court within 30 working days of service of the notice of the decision.
Hearing
The hearing for Private Plan Change 95 was held on Wednesday 13th and Thursday 14th November 2024 with a site visit occurring after the hearing.
All documents related to the Hearing for Private Plan Change 95 - Pencarrow Estate can be viewed below.
Material provided after the hearing
Joint Witness Statements
- Stormwater and Wastewater (Daniel Hight, Kirsten Brown, Sue Southerwood, James Abraham)
- Planning (Richard Coles, Vincent Murphy, Lucy Holden, Abi Mark) and Attachment (Planning Assessment)
Applicants
- Applicants Right of Reply - Reply Legal Submission, Email - Vanessa Hamm advising of incorrect documents, Reply Appendix 1: Rule Amends 29.1.25 (Reflects Planning JWS), Structure Plan Set 29.01.25 (Reflects JWS)
- Dan Hight - Reply Evidence (in response to James Abraham's Statement of Evidence)
- Joel Perry - Reply Evidence (Pedology and Land Productivity)
- Momentum Planning - Site visit requests
- Pencarrow Farm Health & Safety Policy (for site visit)
- Vincent Murphy - Reply Evidence (Planning)
- Vincent Murphy - Reply Evidence (in response to James Abraham's Statement of Evidence)
Council
- Statement of Reply Evidence - Abi Mark
- Statement of Evidence - James Abraham (in response to questions)
- Summary Statement of Evidence - Fraser Colegrave (Economic Assessment) - REVISED
- James Abraham notes of reply comments - 14/11/2024
- Blue Grass Ltd v Dunedin City Council [2024] NZEnvC 83
- Endsleigh Cottages Ltd v Hastings District Council [2020] NZEnvC 64
Submitters
Memorandum and Responses to Memorandum 26 March 2025 regarding Gardon Trust v Auckland Council [2025] NZEnvC 58
Material provided during the hearing
Applicants
- Vincent Murphy - Structure Plan dated 14/11/2024
- Vincent Murphy - Structure, Context and Orchard Plans dated 12/11/2024
- Vincent Murphy - Chapter 12 Provisions dated 13/11/2024
- Kevin Counsell - Addendum to evidence
- SmartGrowth Strategy Hearings Panel Deliberations dated 19/03/2024
- Save the Maitai Inc v Nelson City Council [2024] NZEnvC 155
- Joint memorandum of counsel in support of draft consent order Proposed Change 6 RPS
- BOPRPS Proposed Change 6 (NPS-UD) - Draft consent order
Council
- Summary Statement of Evidence - Fraser Colegrave (Economic Assessment)
- Summary Statement of Evidence - James Abraham (Wastewater, Stormwater)
- Summary Statement of Evidence - Jason Crummer (Reserves, Recreation, Cycleways)
- Summary Statement of Evidence - Samantha Prendergast (Transportation)
- Summary Statement of Evidence - Stuart Ford (Land Productivity)
Submitters
Applicants Reply Evidence
Legal Submissions
Submitter Written Evidence
- Neville and Jill Marsh (Submitter 11)
- Michael Maassen (Submitter 12)
- Mark Boyle (Submitter 13)
- Waka Kotahi / NZTA (Submitter 26)
- BOP Regional Council (Submitter 27) - Hamish Dean - Ecology Evidence
- BOP Regional Council (Submitter 27) - Lucy Holden - Planner Evidence
- BOP Regional Council (Submitter 27) - Sue Southerwood - Stormwater Evidence
- Paul Hickson (Submitter 30)
- Scott Adams (Submitter 32)
- Robyne Cooper (Further Submitter 41)
Applicants Written Evidence
- Kevin and Andrea Marsh - Statement of Evidence - Applicant
- Richard Coles - Statement of Evidence - Planning
- Peter Cooney - Statement of Evidence - Developer
- David Hamilton - Statement of Evidence - Developer
- Craig Haggo - Statement of Evidence - Pongakawa School
- Sue Matthews - Statement of Evidence - Paengaroa Community Association
- Kirsty Garrett - Statement of Evidence - Cycleways
- Joel Perry - Statement of Evidence - Land Productivity
- Daniel Hight - Statement of Evidence - Stormwater/Infrastructure
- Kirsten Brown - Statement of Evidence - Wastewater
- Bruce Harrison - Statement of Evidence - Traffic
- Kevin Counsell - Statement of Evidence - Economics
- Vincent Murphy - Statement of Evidence - Planning
- Vincent Murphy - Appendix A
- Vincent Murphy - Appendix B (Chapter 12)
- Vincent Murphy - Appendix B (Chapter 13)
- Vincent Murphy - Appendix C
- Vincent Murphy - Appendix D
Section 42a Report
The Section 42A Planning Report will be used at the Hearing to present the issues raised by submitters, discuss options for addressing those submissions and propose recommendations.
Attachments:
- Attachment 1 - Recommended Changes to District Plan Provisions
- Attachment 2 - Recommended Changes to District Plan Maps
- Attachment 3 - 17 July 2023 - Applicants Response to RFI
- Attachment 4 - 15 April 2024 - Applicants Response to Submissions
- Attachment 5 - 13 May 2024 - Applicants Further Information
- Attachment 6 - 30 August 2024 - Applicants Resumption Response
- Attachment 7 - Insight Economics Peer Review of NERA Economic Assessment
- Attachment 8 - Insight Economics Peer Review of NERA Economic Assessment - Market Definition
- Attachment 9 - The Agri Business Group Peer Review of Landvision Report
- Attachment 10 - Water Supply Analysis and Reference Information
- Attachment 11 - Council's Decision Document and Final Concept Plan for the Arawa Road Recreation Area
- Attachment 12 - Stormwater Rational Basics
Further information on 30 August 2024 - Resumption Response
Hearings Panel Direction
Hearing Schedules
Submissions
Submissions closed on Friday 8 December 2023. A total of 37 submissions were received.
Council prepared a "summary of submissions", which was publicly notified for further submissions on Saturday 3 February 2024. There was then 10 working days to make a further submission for or against points raised in the original submissions. All those people who made an original submission were individually notified of this next stage.
Further submissions closed on Monday 19 February 2024. A total of 4 further submissions were received.
A Summary of Submissions and Further Submissions was released on 12 March 2024, this document can be viewed below.
Copies of the Original Submissions numbered to match the Summary of Submissions and Further Submissions:
Notification
Plan Change 95 was publicly notified on Friday 10 November 2023. To understand the full proposal, please see the notification documents further below.
Notification Documents
Please find below all the Private Plan Change documents for notification
The following can also be viewed in summary:
- The changes to the District Plan text
- The new Pencarrow Estate Pongakawa Structure Plan maps
- The proposed District Plan map
- The Public Notice of notification in the Te Puke Times and Weekend Sun (10 November 2023) and BoP Times (11 November 2023)
Section 32 Reports
The ‘Section 32’ reports below explain the issues being addressed and the reasons for the proposed changes.
- Plan Change Report - For Notification (PDF, 2.7MB)
- Appendix 1 Consent Notice (PDF, 21.8KB)
- Appendix 1 Certificates of Title (PDF, 424.2KB)
- Appendix 2 District Plan Chapter Changes (PDF, 312.4KB)
- Appendix 2 Structure Plan Drawings (PDF, 6.5MB)
- Appendix 3 Pencarrow DSI (PDF, 5.4MB)
- Appendix 4 Arawa Rd Arch Report (PDF, 1MB)
- Appendix 5 Combined Engagement Records (PDF, 9.9MB)
- Appendix 6 Wildlands (PDF, 7MB)
- Appendix 7 Engineering Servicing Report - Plan Change R5 (PDF, 7.4MB)
- Appendix 8 Geotechnical (PDF, 21.1MB)
- Appendix 9 Updated TA and Concept Dwg (Aug 23 Responds to Audit) (PDF, 6.1MB)
- Appendix 10 Road Safety Audit July 23 (PDF, 7.9MB)
- Appendix 11 RMA s.32 Analysis (PDF, 1.1MB)
- Appendix 12 Natural Hazard Assessment (PDF, 4MB)
- Appendix 13 Revised LVIA (PDF, 7.1MB)
- Appendix 14 MHUD Extract (PDF, 1MB)
