Hearing 30.9: Rezone - Malvern
This hearing was held on Thursday 20 April, Friday 21 April and Tuesday 16 May 20232023. For more information on the hearing, including all relevant reports please see the page below.
Please note that additional correspondence that may relate to this hearing can be found below:
Directions of the Commissioners and Hearing Panel
Submitters Correspondence
Council Officers
Notice of hearing
Please note that submission points that are considered to be beyond the scope of the Proposed District Plan or where a further submission does not relate to an original submission point will also be addressed in this hearing.
Detailed schedule
Here you can find the detailed agenda for the hearing, including which submissions will be heard within each time slot.
- Hearing 30.9: Rezone - Malvern Schedule [PDF, 137 KB] (updated 19/04/23)
The hearing will reconvene on Tuesday 16 May 2023 at 10.00am to hear Castle Hill Adventure Tours Ltd.
Section 42A report
This report is prepared by Council staff in accordance with Section 42A of the RMA. It recommends (with reasons) whether any changes should be made to the notified Proposed Plan in response to the submissions and further submissions. These recommendations do not bind the Hearings Panel.
The report is intended to assist the Hearings Panel to make decisions, and to provide submitters with an opportunity to see how their submissions have been evaluated and the recommendations made by Council staff, prior to the hearing.
- Council's s42A Malvern Report [PDF, 8740 KB]
- Appendix 1: Table of Submission Points [PDF, 324 KB]
- Appendix 2: Recommended amendments [PDF, 2149 KB]
- Appendix 3: Supporting Technical Reports
- Addendum to the s42A Malvern Report [PDF, 281 KB]
- Memorandum - Malvern - 18 April 2023 [PDF, 1052 KB]
- Appendix 1: Servicing (Hugh Blake-Manson) [PDF, 221 KB]
- Appendix 2: Landscaping (James Bentley) [PDF, 526 KB]
- Appendix 3: Joint Witness Statement - CHAT (Transport) [PDF, 1081 KB]
- Appendix 4: Transport (Mat Collins) [PDF, 832 KB]
- Appendix 5: Economics (Derek Foy) [PDF, 169 KB]
- Appendix 6: Joint Witness Statement - FHH (Site Contamination) [PDF, 142 KB]
- Appendix 7: Geotechnical (Ian McCahon) [PDF, 272 KB]
- Appendix 8: Joint Witness Statement - FHH (Landscape) [PDF, 143 KB]
Submitter evidence
Expert evidence
Submitters who intend to call expert evidence in support of their submissions are directed to provide written briefs of that evidence to the Hearings Administrator no later than 10 working days prior to the relevant topic-based hearing, except for the Rezoning Requests hearing, which has a different sequence of evidence exchange. All expert witnesses presenting briefs of evidence are to include a summary statement that is no more than two A4 pages long at the beginning of their evidence. Expert evidence is that written by qualified planners, engineers or scientists, for example, prepared in accordance with the Environment Court’s Practice Note 2014 for expert witnesses.
- Hearing 30.9: Rezone - Malvern - Submitter Evidence
- Hearing 30.9: Rezone - Malvern - Further Submitter Evidence
- Hearing 30.9: Rezone - Malvern - Submitter Rebuttal Evidence
Written evidence by submitters
If submitters intend to provide written evidence themselves, or have non-expert people appear on their behalf, then they are requested and strongly urged to also provide a written statement of that evidence to the Hearings Administrator no later than 10 working days prior to the relevant topic-based hearing.
Pre-hearing and expert conferencing
Here you can find information on any Council initiated pre-hearing meeting with submitters or any expert conferencing directed by the Hearings Panel.
- DPR-0097 Castle Hill Adventure Tours - Joint Witness Statement Transport Matters 11 April 2023 [PDF, 983 KB]
- Memorandum to the Hearings Panel - Rezoning Malvern Castle Hill Adventure Tours 12 May 2023 [PDF, 162 KB]
- Joint witness statement - Landscape 11 May 2023 [PDF, 476 KB]
- Attachment 1: Commissioner decision [PDF, 215 KB]
- Attachment 2: Extension of time [PDF, 128 KB]
- Attachment 3: Change of conditions [PDF, 295 KB]
- Proposed CHVZ Provisions - Changes highlighted [PDF, 358 KB]
- Proposed CHVZ Provisions - Clean copy [PDF, 282 KB]
Legal submissions
If any party intends to have legal counsel present legal submissions, they are requested to provide those submissions to the Hearings Administrator no later than 5 working days prior to the relevant topic-based hearing.
Hearing presentation
All hearings will be public and livestreamed on Council’s YouTube channel.
Post hearing correspondence and Council reply
Correspondence from any party who is requested to provide further information by the Hearings Panel following the conclusion of the hearing can be found here. Following the conclusion of each hearing the Council will provide a written ‘Section 42A Reply Report’, briefly outlining any amendments to their original recommendations and also a response to any questions from the Hearings Panel arising during the course of the hearing.
Council Decision
The Council’s decision relating to this topic can be accessed through the link below. Any recommended amendments are contained in Appendix 1 of the decision.
Hearing 30.9: Rezone - Malvern [PDF, 2303 KB]
Amendments recommended by the Section 42A Report author that have been adopted by the Hearing Panel are shown in strike out and underlining. Further or different amendments recommended by the Hearing Panel are shown in strike out, underlining and red font.
The list of whether submissions and further submissions are accepted, accepted in part or rejected are outlined in Appendix 1 of the Section 42A report, except if altered by the Council’s decision.