Landscapes

Abstract

The protection of outstanding natural features and landscapes from inappropriate subdivision, use and development is a Matter of National Importance (s.6b). The process of identifying these areas at a district and regional level falls to the respective local authorities, as does the development of methods for their sustainable management.

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Guidance note

• First steps assessment and issue identification
• Terminology
• Understand landscape
• Outstanding versus amenity landscapes
• Natural
• Cultural landscapes
• Regulatory controls
• Non-regulatory controls
• Communicating landscape concepts

First steps assessment and issue identification

• Research and describe the landscapes and natural features in the district or region.
• Clear, concise descriptions of the landscapes in the territorial area, based on geomorphology, ecology and cultural patterns, can provide objective base information. Typically such studies will identify:
  • The main landscape types in the district/region;
  • Their characteristic features; and
  • How these landscapes have come about, usually as a combination of natural and cultural processes.
• Assessment (ie assigning value) should identify important landscapes and natural features and the reasons for their importance, or the important characteristics of given landscapes.
• There are no nationally agreed assessment criteria (ie there is no national policy statement), so the criteria used to assess landscape and natural features need to be well-defined and consistently applied within the context of a district or region at the outset of the assessment.
• Landscape studies and assessments should be carried out by people with skills and experience in the field of landscape assessment, such as qualified landscape architects or landscape planners. Such suitably qualified people can determine appropriate methodology, including definition of assessment criteria, based on individual and collective professional experience, and the scale and purpose of the study or assessment.
• Consultation should be carried out to find out how the community perceives and values the landscapes and natural features and why. Consultation prior to a professional assessment can provide useful base information, help identify issues and educate the community. Consultation on the findings of an assessment can validate the professional assessment.
• The following issues should be identified:
  • In what ways are the identified landscapes and features in the district or region threatened? e.g. urban expansion from rapid population growth.
  • What are the specific threats to them? e.g. demand for development on a particular lake margin.
  • What are the hidden threats? eg the cumulative effects of residential development and the rate of change.
  • What would be inappropriate subdivision, use, and development of these landscapes and how can this be avoided?

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Terminology

• Key terms - it is better not to formally define RMA terms that are not interpreted in Part I (natural character, natural, landscape, natural feature) as case law on interpretation is evolving. However, it is important to clearly state the way in which these elements are important within the district or region and why their sustainable management is an issue.
• Take care not to confuse landscape and visual assessments, even though the two are interrelated. A landscape assessment deals with the physical nature of the environment and understanding how it works. A visual assessment is more limited in its scope and deals with the way people perceive the landscape. A landscape assessment will often include a visual assessment as one component.
• Ensure limitations to studies and assessments (eg confining a visual assessment to key view points and explain the reasons for the limitation.
• Terms specific to the landscape or issue should be clearly defined and used consistently, to avoid confusion between similar words with different meanings (eg ridgeline, ridgetop, ridge, skyline).
• Avoid jargon: landscape assessment often draws upon theoretical or academic research in which specialist terms have been coined. In plans, these should be translated into everyday language that can be readily understood and the intended meaning taken.
• Use clear diagrams or photographs to help illustrate definitions and key aspects of regional or district landscapes (Refer to 'Communicating Landscape Concepts' later in this section).

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Understand landscape

• It is important to have and convey a good understanding of the meaning of landscape. The New Zealand Institute of Landscape Architects suggests that the landscape reflects the cumulative effects of physical and cultural processes.
• The Environment Court has also recognised that the concept of landscape encompasses more than natural and visual values, and includes cultural values (refer to W129/97, New Zealand Marine Hatcheries (Marlborough) Ltd v Marlborough District Council.)

Outstanding versus amenity landscapes

• The Environment Courts Wakatipu and Hurunui decisions (C180/99 and C176/00) indicated the following distinctions:
  • Section 6(b) - outstanding natural landscapes and features;
  • Section 7 - landscapes with important visual amenity values;
  • Landscapes with no significant resource management issues.
• To be outstanding, a natural landscape or feature has to be exceptional, not just the best within the assessment area.

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Natural

• When assessing naturalness the Court has recognised a spectrum of naturalness from a pristine environment dominated by natural processes and indigenous flora and fauna (high naturalness), to a predominantly built environment dominated by structures and infrastructure (low naturalness).
• Natural values are not exclusive to outstanding natural landscapes (s.6(b)) but can also be important factors in amenity landscapes (s.7).

Cultural landscapes

• The concept of cultural landscapes is implied in (b) (iv) of the definition of 'historic heritage' under the RM Amendment Act 2003 - '...surroundings associated with the natural and physical resources.' Effective management of historic heritage is a Matter of National Importance under the Amendment Act. Refer to the Guidance note on historic heritage.
• Cultural landscapes can sit within outstanding or amenity landscapes e.g. a headland with many archaeological sites and of significance to Maori from former occupation within a more extensive coastal landscape recognised for its natural values.
• Specialist historic and/or archaeological advice should be sought if elements of historic heritage appear to be important within an area. The Historic Places Trust can advise on contacts.

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Regulatory controls

• Recipes are not always responsive to the particular context of a site or area (for example, no buildings within x metres of a ridgeline), so are best avoided unless written specifically for a particular identified area.
• Accurate mapping of landscapes and natural features gives certainty about the areas where rules apply although the process of determining the boundaries can be contentious with landowners. Schedules of the mapped areas, with summary information about the important characteristics that need managing, can be useful as they provide a clear basis for policies and rules.
• Landscape issues necessarily require a degree of case-by-case judgement. Discretionary activities are, therefore, a better tool than permitted activities because they allow for activities to be turned down or modified if necessary and can better take into account the cumulative effects of activities.
• Assessment criteria (for example, for siting buildings within an outstanding natural landscape) should clearly relate to the important aspects of the landscape that need to be protected. These are generally useful if they are area-specific so that the criteria provide some overall guidance about managing the particular landscape or feature.
• Consider differences in scale when formulating rules relating to outstanding landscapes and outstanding natural features. Rules for landscapes that cover large areas may need to be more generic, whereas rules for natural features may need to be more site-specific. In either instance, the rules must manage the elements (or combination of elements) that make them outstanding and be clearly tailored to the particular characteristics of the landscape or natural feature.
• Structure plans (implemented through district plans) can be effective in managing broad land use changes in a way that takes account of landscape.

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Non-regulatory controls

• Design guidelines can be useful to encourage design that is responsive to specific sites and/or settings.
• Incentives can be used to encourage landowners to adopt recommended measures to protect landscape values: for example, assistance with the cost of fencing and managing forest remnants and wetlands.
• Strategic documents linked to annual planning documents are also an effective way for councils to work towards landscape management objectives, through planning and budgeting for land acquisition, education programmes, community projects, and incentives schemes.
• People can be educated about landscape issues through specially designed programmes but consultation and perception studies can also be effective ways to encourage awareness.
• Partnerships between agencies to manage landscape issues jointly can help ensure efficient and co-ordinated efforts. e.g. input into conservation management plans for land administered by the Department of Conservation within an outstanding landscape.

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Communicating landscape concepts

• Few plans have used graphic means of communicating landscape concepts, yet this can be very effective (eg for explaining design guidelines).
• Photographs, aerial photographs with information overlays, GIS, and diagrams can all be used to clarify plan texts.

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Best practice examples

The following examples illustrate best practice in particular aspects of plan preparation, as described in the guidance note.

Assessment and issue identification - Auckland Regional Council [Reveal/Hide]

Assessment and issue identification - Waitakere City Council

Landscape Assessment. Gives a hierarchy of spatial areas appropiate to broad scale strategic planning and to more detailed policy development.
Contact: Policy and Structure Unit, Waitakere City Council

Regulatory Controls: Policies - Hastings District Plan

Proposed Hastings District Plan, Policy LSP2, page 12.2-4 (PDF 171KB)
Explicitly recognises the importance of a particular area (Te Mata Peak) and clearly states what is to be controlled: - clear understanding for both Council and public.

Assessment & Issue Identification - New Plymouth District Council

Proposed District Plan (notified 9 Dec 1999), page 88 (PDF 312KB)
Process of professional assessment and community consultation described - thorough and methodical.

Proposed District Plan (notified 9 Dec 1999), page 92 (PDF 201KB)
Concise, easily understood description of outstanding landscapes with pragmatic identification of the threats (issues) from which rules are then developed.

Assessment & Issue Identification - Wellington Regional Council

Wellington Regional Policy Statement, pages 174-177 (PDF 399KB)
Good general discussion about landscapes and natural features in a regional context.

Graphic Communication - Wellington City Council

Wellington City 3D Map Geographic Information Systems (GIS) mapping, which many councils are developing, provide opportunities for graphic communication. For example, the 3D model of Wellington District (PDF 161KB) illustrates the hilly landscape better than words! (NB: was not used in the district plan)

Graphic Communication - Hurunui District Council

User-friendly design guide with effective use of graphics.

Hurunui District Rural Subdivision Guide (PDF 1 MB)
Published by Hurunui District Council - January 1998
A guide to rural subdivision that retains rural character and enhances the attractive qualities of the rural environment.

Non-regulatory Controls - New Plymouth District Council

New Plymouth District Plan, page 102 (PDF 174KB)
Information, education and consultation. Also, requirement to have qualified assessors, consideration of heritage orders and land acquisition.

Non-regulatory Controls - Wellington City Council

Capital Spaces, Open Space Strategy for Wellington City, appendix 1 (PDF 1.08MB)
Detailed section on non-regulatory methods, which could be used for landscapes and natural features.

Regulatory Controls: Maps - Auckland City Council

Auckland City Hauraki Gulf Islands Plan Mapping (and associated objectives, policies and rules) reflects differences between areas within landscapes - in this case, beach/ wetland/riparian land that needs specific management (PDF 114KB).

Regulatory Controls: Maps - Gisborne District Council

Gisborne District Plan. Outstanding Landscape Areas (PDF 78KB) are drawn according to landform and landscape assessment criteria rather than cadastral boundaries.

Regulatory Controls: Maps - Waitakere City Council

Waitakere District Plan, pages 37 and 39 (PDF 378KB)
District plan maps can become very confusing if too much information is recorded on one map. In these examples, the outstanding landscapes, and natural landscape elements have been mapped separately from zoning maps to illustrate explanatory text in the plan.

Regulatory Controls: Objectives - Waitakere City Council

Waitakere District Plan, Objective 6, page 43 (PDF 152KB)
Positive wording to indicate what what is being protected. (Some other plans simply reiterate RMA wording, which is not specific to the particular landscape(s) or issues - e.g. "ensuring no adverse effects on landscapes").

Regulatory Controls: Policies - Ashburton District Council

Ashburton District Plan, 3.1 Natural Environment, page 3-22 (PDF 60KB)
Explicitly directed at managing a particular aspect of the outstanding or significant landscapes. That is, the policies help to make clear what needs to be managed and how to go about it.

Regulatory Controls: Rules - Auckland City Council

Auckland City Hauraki Gulf Islands Plan Plan, Part 7, Policy Areas, pages 15-16 (PDF 199KB)
Rules written specifically for identified areas (in this example, ridgelines the Medlands Beach/Wetlands/Riparian area).

Regulatory Controls: Rules - Hastings District Council

Hastings District Plan, 12.2.7.6 (2), page 12.2-10 (PDF 330KB)
Simply worded criteria that clearly relate to potential adverse effects and consider possible mitigation.

Regulatory Controls: Rules - New Plymouth District Council

Proposed New Plymouth District Plan, page 91 (PDF 110KB)
Menu of statutory and non-statutory methods appropriate to the identified outstanding landscapes and natural features. These may not always be applicable but provide useful ideas to consider.

Regulatory Controls: Rules - Tauranga District Council

Proposed Tauranga District Plan, page 47 (PDF 150KB)
A menu of plan methods that are tailored to the specific nature of the district 's outstanding landscapes and natural features.

Regulatory Controls: Rules - Waitakere City Council

Waitakere District Plan, Rules Section, Managed Natural Area, Rule 3, Earthworks, page 7-8 (PDF 306KB)
Clear list of possible conditions that could be applied to avoid, reduce or mitigate potential adverse effects.

Terminology - Waitakere City Council

Waitakere District Plan, Policy Section, The City 's Environment, 3.6, page 13 (PDF 151KB)
Good description in everyday language of what makes landscape.

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RMA provisions

Sections 5, 6 (particularly 6(b)) and 7 (particularly 7(c), and (f)).

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Case law

• Meaning of natural: refer to decisions Harrison v Tasman District Council), W042/93; Weatherwell-Johnson v Tasman District Council, W181/96; Browning v Marlborough District Council, W020/97.
• Outstanding, criteria for naturalness: refer to Wakatipu Environmental Society Inc v Queenstown Lakes District Council, C180/99; and Wilkinson v Hurunui District Council, C050/00.
• Assessment criteria: refer to Pigeon Bay Aquaculture Ltd v Canterbury Regional Council, C32/99.

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Related guidance notes

The following guidance notes are related:

• Historic Heritage
• Planning for Water Allocation
• Subdivision
• Surface Water Quality

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Work in progress

Waitakere Ranges Heritage Area Bill - A local bill aims to protect the heritage of 28,000ha of the Waitakere Ranges and foothills.

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Relevant publications

Landscape Planning Guide for Peri-Urban and Rural Areas
Published by Environmental Defence Society - March 2005
This guide contains introductory material on landscape management, including statutory requirements and landscape planning categories, and in-depth information on landscape planning under the RMA.

The Community Guide to Landscape Protection under the Resource Management Act 1991
Published by Environmental Defence Society - November 2005
This Guide provides practical information for people who wish to obtain better protection for New Zealand's landscapes.

Natural Character, Concept Development in New Zealand Planning Law and Policy
Published by Environment Waikato - December 2000
This paper traces the background to the phrase 'natural character' in s.6(a) of the RMA and its subsequent interpretation by the Environment Court and practitioners up to the late 1990s.

The impact of development on rural landscape values
Published by Ministry for the Environment - June 2000
This report aims to assist planners working on the development of district plans to deal with the landscape implications of rural subdivisions and associated developments. It may also be relevant for those involved with resource consent applications where there are landscape issues. The report focuses on some of the technical issues associated with landscape assessment and examines a variety of approaches to dealing with landscape issues in district plans.

Outstanding Landscapes: Landscape Assessment of Hastings District, prepared by Isthmus Group for Hastings District Council, 1996

Landscape Assessment: Means and Ends, NZILA Conference.
Contact: Prof. Simon Swaffield, Lincoln University
Date: 12-14 1999

RMA and the Landscape, Landscape New Zealand, New Zealand Institute of Landscape Architects, Allan Rackham, May/June 1997.

Attributing Value, Landscape New Zealand, New Zealand Institute of Landscape Architects, Author unknown, May/June 1997

New Zealand Landscape Classification, Landscape New Zealand, New Zealand Institute of Landscape Architects, Lars Brabyn, November/December 1998

Current challenges in practice 

Valuing landscapes

As with any type of valuation, landscape assessment presents significant issues in terms of defining values, assigning rankings and prioritising management. Assessments to address these issues should be carried out by trained practitioners, as they are trained to provide professional judgements which acknowledge and address the range of possible perceptions relating to landscape issues. It is good practice, however, to validate expert opinion by gauging it against local opinion.

Specific challenges include defining outstanding landscape values (in a national or local context); identifying whether there are different levels of landscape values (eg community, district, region, nation); whether there is a need for a list of nationally outstanding landscape and natural features, for instance through a National Policy Statement; and whether there should be national guidance on best practice for landscape assessment. The question of national benchmarks for assessing 'outstanding' needs to be explored to assist in identifying the exceptional landscapes and features.

Using regulatory controls

The use of regulatory controls to manage landscape values and natural character can present difficulties, not only in trying to effectively prescribe such controls but also in enforcing and monitoring these rules. As a baseline, rules should be responsive to threats on the particular area or feature.

Using non-regulatory methods

Often the best means of maintaining and enhancing landscape values and natural features is to support landowners in protecting and managing such values. Such methods, however, may require resources to compensate or build the capacity of landowners, and these resources are not always easy to obtain and maintain. As district plans are often not suited to non-regulatory methods, it is best to 'tag' these methods and develop them elsewhere.

Terminology

Key terms in section 6 of the Act (natural character, landscape, natural, outstanding) are not defined and are, therefore, subject to difficulties of interpretation, leading to variable policies and approaches across the country.

All-encompassing scope of landscape

Because many factors contribute to landscapes (eg landform, land cover, land use), the management of landscape values often needs addressing in many different parts of plans. As a result it can be challenging to develop cohesive integrated management policies.

Mapping outstanding areas

Where to draw the line when mapping outstanding landscapes and natural features can be contentious. The legal system often drives the use of legal/ownership boundaries but this can cause problems because landscapes are generally defined by topography and obvious linear boundaries rarely occur on the ground. Affected landowners will want certainty about whether their land is in or out so it is tempting to align outstanding areas with cadastral boundaries. In practice, it is more logical to define landscape areas in terms of natural elements such as landform.

Monitoring

Many district and regional plans cite monitoring as a method for achieving landscape objectives but very little has been done to date. The Resource Management Amendment Act 2003 emphasises monitoring and development of national environmental standards. Contact: David Phizacklea at Tauranga District Council, where methodology and a monitoring programme has been developed. (See also: Guidance Note on Monitoring Plan Effectiveness).

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Acknowledgements and editorial comments

This guidance note was prepared by Shona McCahon and Robert Schofield, Boffa Miskell. The note was updated in March 2006 by Vicki Barker and Matthew McCallum-Clark of Incite.

Created August 2001 and updated in December 2003 and March 2006.