New biodiversity rules raise questions for city plans

Tuesday, 18 July 2023

Hayes Common in Hamilton is an area with heritage features.

New rules to protect native species could affect city planning underway in Hamilton, with a former deputy mayor saying it’s “like new evidence coming up in a high court case“.

The council, however, says it’s seen drafts of the National Policy Statement for Indigenous Biodiversity (NPSIB) and its work so far is “highly aligned”.

The policy is due to take effect next month and covers issues such how to identify significant natural areas (SNAs) and promoting restoration of biodiversity and vegetation.

In Hamilton, independent hearing panels are looking at plan changes 9 (covering historic heritage areas) and 12 (which includes urban intensification) in Hamilton.

Former Hamilton deputy mayor Gordon Chesterman has questioned whether a plan change underway (PC9) can continue as is in light of new national directives taking effect next month.

But they need to take the new NPSIB into account in their recommendations, so they’ve asked interested parties to write in by Wednesday on how they want the policy addressed.

Former deputy mayor Gordon Chesterman, who’s submitted on PC9, has described the latest development as “an absolute shambles”.

He said the council should have provided an executive summary of the NPSIB rather than relying on the note from the panels. Submitters now needed to do a lot of reading and potentially get legal advice.

“They should have known about this many months ago and it should have been highlighted as a risk to the process.”

He questioned whether the PC9 hearings could continue in their current form in light of the new NPSIB.

“I think it’s declared the whole process null and void. It’s like new evidence coming up in a high court case.”

City planning manager Mark Davey says the council is itself assessing the impact of the NPSIB on plan changes 9 and 12.

He was worried council costs and legal fees paid by submitters so far could be wasted if PC9 had to re-start.

Chesterman was wary of over-reacting but he said the lack of information left things open to speculation.

In a statement on Wednesday responding to queries on Chesterman’s PC9 comments, city planning manager Mark Davey said: “Over the coming days we will fully assess the final policy position of the NPSIB in the context of Plan Change 9 and 12 as invited by both hearings panels.

“This will determine if there’s any refinement that needs to be made, and if there’s scope to do so.”

But Davey noted that existing regional and national rules already required the council to protect indigenous vegetation and significant habitats of indigenous fauna.

Work related to the identification and protection of SNAs under Plan Change 9 was “highly aligned” to the NPSIB.

“The overall position of where the NPSIB has landed and the work that council has done shows that we are ahead of the game.

“Notwithstanding this, local authorities have five years to address the requirements of this policy statement within their plans.”

He said that while the council didn’t know exactly when the final NPSIB would be released and what it would contain, draft versions have been available since late-2019.

“The development of SNAs under Plan Change 9 took account of the draft policy statement that was being developed.”