Landscape Architecture Aotearoa - Winter 2016 Issue 01 | Page 34

32 LANDSCAPE ARCHITECTURE AOTEAROA pieced together by circumstance and, in the case of the Coromandel at least, the proposed RPS, which describes ‘natural character’ as “…the degree of naturalness of an area, as evidenced by the degree to which it possesses qualities and features that are products of natural…activities.” Setting aside the politics, no-one would disagree that preserving our environment – including recognising and providing for the things that make it special – is critical. It’s undeniably tricky when something as important as ‘natural character’ is uncertain or vague. Outside of case law, the only high-level guidance is from the CPS, which includes a list of matters which might be considered when determining what ‘natural character’ includes. Otherwise, determining what does and does not qualify as an area of natural character can be a fraught and haphazard process. The proposed RPS required district plans to identify areas of high natural character in the coastal environment using specified criteria. These criteria set out both the biophysical characteristics and perceptual values that were to be used as the basis on which to identify these areas within the Coromandel. Many of these criteria required a physical assessment as opposed to a desktop analysis. This was because the values of the site’s experiential attributes and habitat, along with its context and setting, could not be rigorously assessed from the relative comfort of an office environment. Accurately assessing these attributes and features required, in our minds at least, boots on the ground. We felt that assessing a site’s natural character required an evaluation of those sensory perceptions and biophysical characteristics unique to it. Such an assessment can be contrasted with a desktop landscape assessment, which is limited to assessing visual characteristics using resources like maps and photographs, and which is required when assessing natural landscapes. Notwithstanding the difference between landscapes and natural character areas, we felt the recent Man O’War decision was relevant to assessments of the kind required as part of Variation 1 because, in the words of Justice Andrews, “the identification of outstanding natural landscapes drives the policies.” While Man O’War concerned the criteria needed to assess outstanding natural landscapes, it reinforced the importance of using objective and correct methodology when assessing areas for protection. The section 42A report on Variation 1 noted that a large number of submitters had sought the removal of natural character overlays from their properties because of the presence of modified land cover and the belief that areas of forestry, farming, and human activity should be excluded from areas of high natural character. In response, TCDC argued that the determination of whether an area exhibited natural character required an overall judgement; one made “on balance”. TCDC said that it was common for coastal areas to have “pockets” of modified land and few attributes with either ‘high’ or ‘very high’ ratings. While it’s true that land which has been modified can also exhibit natural character qualities, the level to which natural processes dominated the site must inform the degree of its overall naturalness. In the case of sites exhibiting highly modified forms as a consequence of managed human activity, the question must be whether some other natural characteristic exists that is so great it overcomes these modified qualities, justifying the high natural character overlay. In the absence of such a characteristic, the overlay cannot be sustained. Conclusion Preservation of natural character is a key requirement of the RMA, CPS and both regional and district planning instruments, as it should be. However, difficulties and differences in applying the term ‘natural character’ now mean that it is time to provide some statutory guidance. In particular, is it time for clarity around how authorities assess whether certain areas exhibit ‘natural character’ qualities, and confirmation that preserving natural character and protecting natural features and landscapes are two distinct statutory requirements, requiring separate assessment methodologies. We think it is, and that doing so will help to preserve New Zealand’s vibrant and diverse environment. 