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District Plan changes

Here you'll find current and previous plan changes and information.

Current: Proposed Plan Changes 82-91

Council publicly notified Plan Changes 82-91 on 31 August 2019. Plan Changes are a formal proposal to change the District Plan in order to solve resource management issues facing the District.

Update / what’s happening next?

Submissions and further submissions have now closed. Council staff will prepare planning reports that will address the issues raised. These reports will be made available prior to the public hearing which is to be held on 21 April 2020.

All submitters will be given an opportunity to present their submission to the District Plan Committee. Council’s District Plan Committee will then issue its decision including the reasons for accepting or rejecting submissions. Any person who has made a submission has the right to appeal the decision to the Environment Court.

Summary of the changes

A brief summary of each Plan Change is below:

Plan Change 82 - Post Harvest Zone – Review of Provisions

To help owners of large packhouse and coolstore facilities manage their operations in line with the growth of the horticultural sector. It includes expansions of some existing Post Harvest Zones, makes some provision for increasing the maximum height for buildings and includes minor edits to other rules.

Plan Change 83 – Accommodation Facility Permitted Limit

Accommodation facilities (for four people or fewer) are permitted in many zones including rural and residential. This Plan Change proposes to increase the permitted number of people from four to five to align with the Building Act.

Plan Change 84 - Public Trails (Walkways, Cycleways, Bridleways and Similar)

This provides an easier District Plan rule framework for the construction of a variety of trails while still ensuring the best environmental outcome. The current requirement for resource consenting on all trail projects adds a layer of time and cost that has little benefit to the environment or the project.

Plan Change 85 - Cleanfill Activities in Rural, Future Urban, Lifestyle and Rural-Residential Zones

Large scale cleanfill activities in rural areas are causing concerns for the community due to heavy vehicle traffic, noise, dust, vibration, loss of visual amenity, property damage and safety of access. This change looks at altering the rules so that impacts on neighbours can be better managed.

Plan Change 86 - Floodable and Coastal Inundation Areas – Maintenance of Stopbanks and Drains

This clarifies that resource consent is not required for earthworks within floodable and coastal inundation areas if being carried out for the purpose of maintaining flood control assets (e.g. clearing drains) by either Western Bay of Plenty District Council, Bay of Plenty Regional Council or the Waihi Drainage Society.

Plan Change 87 - Frost Protection Fans

Changes are proposed to better provide for the operation of frost fans in rural areas, while still managing potential effects on surrounding neighbours.

Plan Change 88 - Noise Standards Within Industrial Zones

Currently, there are no rules to limit the amount of noise received by properties within the Industrial Zone (i.e. from one industrial property to another). We are looking to address this issue.

Plan Change 89 - Rural Contractors Depots – Separation Distances

New rural contractors depots are required to be set back at least 60m from existing habitable buildings. There are similar requirements for new habitable buildings to be set back from exiting rural contractors depots. This Plan Change is to clarify that a depot (for the purpose of determining these setback distances) includes its vehicle accessways, manoeuvring and parking areas.

Plan Change 90 - Home Enterprises – Sale of Goods

The performance standard relating to the sale of goods from home enterprises causes confusion and we are proposing to amend it to clarify that goods manufactured off-site and sold via the internet can be stored on, and distributed from, the site of the ‘Home Enterprise’.

Plan Change 91 - Rangiuru Business Park – Water Supply Option

This proposes a third water supply option for the Rangiuru Business Park, being water supply from an existing bore at Pongakawa.

Understanding the changes

The 'Section 32' reports below explain the issues being addressed and the reasons for the proposed changes.

The following can also be viewed;

Current: Proposed Plan Change 81

The Omokoroa Industrial Zone on the right hand side of Omokoroa Road just off State Highway 2 (SH2) was proposed in 2007 and made operative in 2010. The commencement of the development of the Zone has raised a number of issues that require addressing through changes to the District Plan.

Understanding the changes

The 'Section 32' report below explains the issues being addressed and the reasons for the proposed changes.

Decisions (July 2019)

Council issued its Decision on Plan Change 81 on 12 July 2019. A Decision Report has been prepared and were sent to relevant submitters and can also be viewed below:

Any person who has made a submission has the right to appeal the decision to the Environment Court and has 30 working days (from when they receive the decision) to do so.

Planning report / hearings (August 2018)

A Planning Report was prepared on the Plan Change to address the issues raised in the submissions and further submissions. The planning report was sent to submitters for the public hearings.

Hearings were held on Wednesday 1 August 2018. All submitters were given an opportunity to present their submission to the District Plan Committee.

The hearing has been adjourned to allow the submitters and Council to negotiate an acceptable outcome regarding access to the neighbouring properties located at the rear of the Industrial Zone. These discussions are ongoing.

Following hearings, Council's District Plan Committee will be issuing its decision on the Plan Change including the reasons for accepting or rejecting submissions. This is anticipated for late 2018. Any person who has made a submission has the right to appeal the decision to the Environment Court and has 30 working days to do so.

Background information

Previous: Plan Changes 75-80

The Plan Changes, which were notified on 8 October 2016, are as follows;

  • Plan Change 75 - Te Puke Floodable Areas and Area 3 Structure Plan Review
  • Plan Change 76 - Floodable Areas & Coastal Inundation Areas - Various
  • Plan Change 77 - Cleanfill not Originating from the Site
  • Plan Change 78 - Rural Yard Rules
  • Plan Change 79 - Screening in Commercial and Industrial Zones
  • Plan Change 80 - Omokoroa Financial Contributions

Understanding the changes

The 'Section 32' reports below explain the issues being addressed and the reasons for the proposed changes.

Plan Change 75 - Section 32 Report (PDF, 10.14KB)

Plan Change 76 - Section 32 Report (PDF, 204KB)

Plan Change 77 - Section 32 Report (PDF, 147KB)

Plan Change 78 - Section 32 Report (PDF, 161KB)

Plan Change 79 - Section 32 Report (PDF, 176KB)

Plan Change 80 - Section 32 Report (PDF, 560KB)

To see a summary of the proposed changes, view the Summary of Proposed Changes from All Section Reports: Part 1, Part 2,Part 3.

This shows just the changes and does not include the background information and analysis.

Current status (December 2017)

Plan Changes 75-80 are operative and have been incorporated into the District Plan.

  • Plan Change 75 - Te Puke Floodable Areas and Area 3 Structure Plan Review (treated as operative)
  • Plan Change 76 - Floodable Areas & Coastal Inundation Areas - Various
  • Plan Change 77 - Cleanfill not Originating from the Site
  • Plan Change 78 - Rural Yard Rules
  • Plan Change 79 - Screening in Commercial and Industrial Zones
  • Plan Change 80 - Omokoroa Financial Contributions

Copies of the appeal against Plan Change 75 and the Environment Court consent order can be viewed below.

Appeal

One appeal was made against Plan Change 75. Copies of the appeal and the Environment Court consent order can be viewed below.

Appeal - Dorr Bell Limited

Environment Court Consent Order

Decisions (April 2017)

Council issued its Decision on the Plan Changes on 29 April 2017. Decision Reports were prepared for each of the Plan Changes and were sent to relevant submitters and can also be viewed below:

Planning reports / hearings (March 2017)

Planning reports were prepared on each of the Plan Changes that address the issues raised in the submission and further submissions. The relevant planning reports were sent to submitters for the public hearings. The reports are also available below.

The hearings were held 29 March 2017. All submitters were given an opportunity to present their submission to the District Plan Committee.

Withdrawal of part of plan change 76 (March 2017)

Council's Policy Committee made a decision on 23 March 2017 to withdraw part of this Plan Change. This decision was publicly notified on 31 March 2017. The public notice can be viewed below:

Background information (2016)

Previous: Plan Changes 69-74

The Plan Changes were as follows;

  • Plan Change 69: Waihi Beach Structure Plan
  • Plan Change 70: Katikati Structure Plan
  • Plan Change 71: Changes to District Plan Maps at Lynley Park (Omokoroa)
  • Plan Change 72: Rangiuru Business Park
  • Plan Change 73: Financial Contributions
  • Plan Change 74: Coastal Hazards. This Plan Change was a result of the Coastal Protection Areas Review.

Understanding the changes

The 'Section 32' reports below explain the issues being addressed and the reason for the proposed changes.

Plan Change 69 - Section 32 Report

Plan Change 70 - Section 32 Report

Plan Change 71 - Section 32 Report

Plan Change 72 - Section 32 Report (26MB)

Plan Change 72 - Appendix 2 - Proposed Changes to the District Plan ONLY - Sections 11_12_21 & Appendix 7 (7.29MB)

Plan Change 73 - Section 32 Report (1.47MB)

Plan Change 74 - Section 32 Report (8.09MB)

Current status (July 2017)

Plan Change 72 - Rangiuru was made operative and incorporated into the District Plan on 29 July 2017.

That means all of the Plan Changes are now operative and have been incorporated into the District Plan.

Plan changes 69-71 (operative)

Proposed Plan Changes 69-71 were notified on Saturday, 3 October 2015. Submissions closed on Monday, 2 November 2015 at 4pm.

These plan changes did not receive any submissions and were made operative on 19 December 2016.

Plan change 72 (operative)

Proposed Plan Change 72 was notified on Saturday, 7 November 2015 and submissions closed on Monday, 7 December 2015.

A summary of all submissions received has been prepared and was notified on 23 January 2016 with further submissions closing 9 February 2016 at 4pm.

Public hearings were held on 18 April 2016.

The District Plan Committee issued its decision, including reasons for accepting or rejecting submissions, on 14 May 2016. Four appeals were lodged with the Environment Court. These appeals were resolved through consent orders signed by the Environment Court. Plan Change 72 was made operative on 29 July 2017.

The following documents can be viewed:

Plan change 73 (operative)

Proposed Plan Change 73 - Financial Contributions, was re-notified on Saturday 7 May 2016 and submissions closed on Friday 3 June 2016 at 4pm. Council prepared a 'Summary of Submissions' which was publicly notified for further submissions on 18 June 2016. Further submissions closed on Friday 1 July 2016. No further submissions were received.

A Planning Report that addresses the issues raised in the submissions has been prepared and was sent to submitters in early August 2016. Hearings were not required as no submitters wished to be heard. Council released decisions on 17 September 2016. A copy of the decision report is provided below. No appeals were made against the decisions so the Plan Change was made operative on 8 April 2017.

Plan Change 73 is a complete revision of the Council's financial contributions regime and as a result Section 11 of the District Plan. This includes reviewing the tools used to implement Council's philosophical approach, financial models and accounting principles.

The following documents can be viewed:

Plan change 74 (operative)

Proposed Plan Change 74 was notified on Saturday, 3 October 2015. Submissions closed on Monday,

2 November 2015 at 4pm.

This Plan Change received 23 submissions. Council prepared a 'summary of submissions' which was publicly notified for further submissions on 5 December 2015. These closed on 20 December 2015 and three further submissions were received.

Public hearings were held on 26 April 2016.

Council's District Plan Committee issued its decision, including reasons for accepting or rejecting submissions, on 4 June 2016. No appeals were lodged with the Environment Court and the Plan Change was made operative on 17 September 2016.

The following documents can be viewed:

Previous: Plan Changes 47-68

Proposed Plan Changes 47-68 were publicly notified on 15 November 2014.

Submissions closed for these on 12 December 2014 with further submissions closing on 16 February, 2015. In total, 23 original submissions and 90 further submissions were received.

Hearings were held on 28 April 2015.

Decisions were released on 27 June 2015. Decision reports for each of the Plan Changes and a 'decision' version of each of the changed sections of the District Plan are available below.

These decision versions show the changes in red, and help put the decisions into context.

One appeal was received from D155 Limited against some of the proposed changes within Plan Changes 52 and 53. View the appeal here. This appeal has now been resolved by a consent order signed by the Environment Court.

Plan Changes 47-68 are now operative, with the exception of Plan Changes 54 and 55 which are withdrawn.

Decision reports (June 2015)

Click the appropriate link to view the documents:

Decisions versions of District Plan (June 2015)

Click the appropriate link to view the documents:

Planning reports (April 2015)

Notification (November 2014)

Supporting Information

Previous: Plan Change 46 - Matakana Island

Environment court decision (May 2015)

The Environment Court has reached a decision on this matter. You can view the decision here.

Environment Court Decision - Part 1

Environment Court Decision - Part 2

The Plan Change is now operative.

Background

Council released decisions on submissions to Proposed Plan Change 46/Variation 2 - Matakana Island on 19 April, 2014. Three appeals were made against these decisions and can be viewed below.

The following information is available:

Cultural values assessment:

Assessment Report (PDF, 2.67MB)

Assessment Report Attachments (PDF, 3.9MB)

Landscape:

Assessment Report (PDF, 354.71KB)

Archaeology:

Archaeology Report (PDF, 1.99MB)

Infrastructure, Transportation, Access and Soils Report (PDF, 3.65MB)

Ecological:

Ecological Aspects Report (PDF, 2.7MB)

Coastal process and hazards:

Coastal Process and Hazards Report (PDF, 288.09KB)

Social and economic wellbeing:

Social and Economic Wellbeing Analysis Report (PDF, 502.49KB)

Matakana Island perspectives document:

Perspective Document (PDF, 493.97KB)

Development Plan:

This development plan (PDF, 523.7KB) is for the forestry area owned by TKC Holdings and Scorpian

Appendix 1 - Concept Plan (PDF, 1.87MB)

Appendices 2, 3, 4 - Planting List Diagram - Wetland Planting (PDF, 950.27KB)

Appendix 5 - Typical Curtilage Area (PDF, 458.13KB)

Appendix 6 - EECA Case Study (PDF, 332.72KB)

Appendix 7 - Owners' Guide (PDF, 4.7MB)

Appendix 8 - Constitution (PDF, 95.68KB)

Appendix 9 - Structure Plan - DJ Scott & Associates (PDF, 472.39KB)

Economic Report - Brown Copeland Co Limited (PDF, 138.07KB)

The Section 32 Report and Proposed Changes (As Notified)

The planning reports are listed below:

Planning Report 1 - Purpose of the plan change/variation and Section 18 Rural

Planning Report 2 - Natural environment

Planning Report 3 - Landscape section

Submissions (November and December 2013)

Summary of submissions and further submissions.

Previous: Plan Change 45 - Waihi Beach Floodable Areas

Plan Change 45 became operative on 16 August 2014 and has been incorporated into the District Plan First Review.

The following information is available:

Copy of the Public Notice

The decisions

The change to the text of the District Plan

The new District Plan maps

Previous: Plan Changes 28-44

Proposed Plan Changes 28-44 were publicly notified on 9 February 2013, with submissions closing on 8 March 2013, and further submissions closing on 20 April 2013. In total, 26 submissions and 43 further submissions were received.

Hearings on these Plan Changes were held on 1 July 2013. Council issued its decision on Plan Changes 28-44 on 27 July 2013.

One appeal (D155 Limited) was received against these decisions in relation to Plan Change 39 - Protection Lot Rule. This has been resolved via Consent Order and the provisions of the Plan Change have been incorporated into the District Plan First Review. Part of Plan Change 39 was withdrawn on 30 November 2013. A public notice was placed in local newspapers.

Plan Changes 28-38 and 40-44 were made operative on 28 September 2013. The District Plan First Review (Operative District Plan 2012) has been updated to incorporate these changes. Refer to the Operative District Plan 2012 for more information.

Please note: All of the documents below are in PDF format with a maximum file size of 4MB.

Decisions reports (July 2013)

Click the appropriate link to view the documents:

Decisions versions of District Plan text / maps (July 2013)

Planning reports (June 2013)

28. Heritage - archaeological sites-NZHPT: Part 1, Part 2, Part 3

29. Transferable subdivision agreements

30. Entranceways - Rural

31. Entranceways - Urban

32. Transferable amalgamation lots - financial contributions

33. Wairoa River esplanades

34. Additional Dwellings - significant issues, objectives and policies

35. Natural Hazards-where the hazard does not exist

36. Daylight provisions for Waihi Beach flood hazard areas

37. Aquaculture

38. Intensive farming activities

39. Protection lot rule

40. Rural Yard exemption statement

41. Omokoroa walkways

42. Maximum height of radio and telecommunication facilities

43. Front yards for buildings/structures in Residential/Medium Density Residential Zones

44. Boundary Adjustments to create independently usable titles

Section 32 reports (February 2013)

28. Heritage - archaeological sites-NZHPT - Part 1, Part 229. Transferable subdivision agreements30. Entranceways - Rural31. Entranceways - Urban32. Transferable amalgamation lots - financial contributions33. Wairoa River esplanades34. Additional Dwellings - significant issues, objectives and policies35. Natural Hazards-where the hazard does not exist36. Daylight provisions for Waihi Beach flood hazard areas37. Aquaculture38. Intensive farming activities39. Protection lot rule40. Rural Yard exemption statement41. Omokoroa walkways42. Maximum height of radio and telecommunication facilities43. Front yards for buildings/structures in Residential/Medium Density Residential Zones44. Boundary Adjustments to create independently usable titles

Previous: Plan Changes 1-27

Proposed Plan Changes 1-27 were publicly notified on 19 November 2011, with submissions closing on 16 December 2011, and further submissions closing 20 February 2012.

The further submission period was extended until 27 February 2012, in relation to two particular submission points on Plan Change 23 that were omitted from the summary of submissions.

In total, 68 submissions and 17 further submissions were received.

  • Hearings were held on 26 March for all Plan Changes other than PC 5, 10, 13, 16 and 18.
  • Hearings for Plan Changes 5 were held on 25 May.
  • Hearings for Plan Changes 13, 16 and 18 were held on 28 May.
  • Plan Change 10 - Aquaculture - has been withdrawn.

Council issued its decision on Plan Changes 1-27 (other than Plan Changes 5 and 10) on 11 August, 2012. An independant hearing commissioner issues a decision on Plan Change 5 - Electricity Transmission Bugger Zones - on 11 August 2012.

Six appeals were received against these decisions, and have since been resolved by Consent Order. The appeals and consent orders can be viewed below.

Plan Changes 1-9 and 11-27 were made operative on 28 September 2013. The District Plan First Review (Operative District Plan 2012) now incorporates these Plan Changes, and all previous appeal annotations have been removed.

For more information see the Operative District Plan page.

Appeals (September 2012)

  1. D'Emden, George -Appeal (PDF, 65.21KB) : Consent Order (PDF, 145.33KB). Plan Change 1 - Rural contractors depots.
  2. Federated Farmers of New Zealand - Appeal (PDF, 362.92KB) : Consent Order (PDF,73KB). Plan Change 16 - Landscape (viewshafts).
  3. IMF Backstop Limited - Appeal ( PDF, 3MB) : Consent Order (PDF, 94.64KB). Plan Change 12 - Protection lots for community benefit.
  4. Stewart Family Trust - Appeal (PDF, 3.31MB) : Consent Order (PDF, 512.71KB). Plan Change 9 - 200m2 buildings.
  5. TKC Holdings Limited - Appeal (PDF, 859.23KB) : Consent Order (PDF, 1.7MB). Plan Change 4 - Natural hazards, Plan Change 11 - Ecological features, Plan Change 12 - Protection lots for community benefit.
  6. Transpower New Zealand Limited - Appeal (PDF, 143.47KB) : Consent Order: Part 1 (PDF, 3.83MB),Part 2 (PDF, 3.56MB). Plan Change 5 - Electricity transmission buffer zones, Plan Change 23 - Earthworks, Plan Change 25 - Definition of building.

Decision reports (August 2012)

Here are the reports for each of the Plan Changes. A summary of each of these changes is also available further down the page.

Plan Change 01 - Rural Contractors Depots (PDF, 37.09KB)

Plan Change 02 - Restricted Discretionary Activities (PDF, 115.32KB)

Plan Change 03 - Parking - Cash in Lieu (PDF, 4.83KB)

Plan Change 04 - Natural Hazards (PDF, 26.36MB)

Plan Change 05 - Electricity Transmission Buffer Zones (PDF, 6.23MB)

Plan Change 06 - Signs (PDF, 322.11KB)

Plan Change 07 - Height of fences and walls (PDF, 26.88KB)

Plan Change 08 - Rural Yards (PDF, 38.03KB)

Plan Change 09 - 200m2 Buildings (PDF, 133.34KB)

Plan Change 11 - Ecological Features (PDF, 25.18KB)

Plan Change 12 - Protection Lots for Community Benefit (PDF, 73.97KB)

Plan Change 13 - Waihi Beach Viewshafts (PDF, 2MB)

Plan Change 14 - Building Coverage (PDF, 34.93KB)

Plan Change 15 - Minor Dwellings (PDF, 34.9KB)

Plan Change 16 - Landscape Clarification of Certain Provisions (PDF, 7.46MB)

Plan Change 17 - Front Yard Definition (PDF, 20.58KB)

Plan Change 18 - Katikati Marshall Road Industrial Structure Plan (PDF, 4.12MB)

Plan Change 19 - Transportation (PDF, 33.79KB)

Plan Change 20 - Changes to Katikati Commercial Zone (PDF, 2.83MB)

Plan Change 21 - Changes to Medium Density Residential Zone and Rezoning to Medium Density Residential Katikati (PDF, 2.53MB)

Plan Change 22 - Definition of Self Contained (PDF, 63.91KB)

Plan Change 23 - Earthworks (50.15KB)

Plan Change 24 - Education Facilities in Commercial and Industrial Zones (27.89KB)

Plan Change 25 - Definition of a Building (PDF, 35.98KB)

Plan Change 26 - Comvita Campus Structure Plan (PDF, 1.48MB)

Plan Change 27 - Identified Significant Ecological Feature Inclusion of RAP41 (PDF, 1.47MB)

Decisions versions of District Plan text and maps (August 2012)

Decision versions of District Plan text - full document (PDF, 8.5MB)

Sections

Section 1 - District Plan Overview (PDF, 137KB)

Section 3 - Definitions (PDF, 508KB)

Section 4A - General (PDF, 343KB)

Section 4B - Transport, Access, Parking and Loading (PDF, 653.6KB)

Section 4C - Amenity (PDF, 433.6KB)

Section 4D - Signs (PDF, 274.8KB)

Section 5 - Natural Environment (PDF, 135KB)

Section 6 - Landscape (PDF, 365KB)

Section 8 - Natural Hazards (PDF, 383KB)

Section 9 - Hazardous Substances (PDF, 145KB)

Section 12 - Subdivision & Development (PDF, 257KB)

Section 13 - Residential (PDF, 426.5KB)

Section 14 - Medium Density Residential (PDF, 378.6KB)

Section 15 - Future Urban (PDF, 139KB)

Section 16 - Rural-Residential (PDF, 247.8KB)

Section 17 - Lifestyle (PDF, 406KB)

Section 18 - Rural (PDF, 486KB)

Section 19 - Commercial (PDF, 482KB)

Section 20 - Commercial Transition (PDF, 346KB)

Section 21 - Industrial (PDF, 402.7KB)

Section 23 - All Terrain Park (129KB)

Appendix 1 - Schedule of Identified Significant Ecological Features (PDF, 137KB)

Appendix 2 - Schedule of Identified Outstanding Landscape Features (PDF, 15MB)

Appendix 7 - Structure Plans (PDF, 733.6KB)

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