Proposed Plan Change 18

Nelson South

Publicly notified 28 August 2010

Under Appeal

Decisions were notified on 30 June 2012.  Four appeals were lodged with the Environment Court and seven others sought to be party to proceedings under s274 of the Resource Management Act 1991.

The only affected provisions of Plan Change 18 are those that are subject to appeal, all other proposed provisions (those not subject to appeal) must now be “treated as operative” under RMA s86F.

The full appeal and s274 notices are available for download below under the “Documents and Downloads” section. The relief sought through the appeals is summarised below:

Trustees of the McFadden family trust
  1. Delete the requirement contained in Appendix 6, Table 6.2 that requires an Esplanade Reserve of 5 metres along side Saxton Creek where the Creek adjoins the right of way to 3A, 35, 3C and 3D Hill Street.            
  2. Delete the Services Overlay from the land at 3A — 3D Hill Street, Richmond, Nelson. 
  3. Provide an indicative road over the area of land between Champion Road and 3A - 3 D Hill Street as part of Plan Change 18.

RMA s274 parties to proceedings:

  • Anthony Scott, Brent Smith & Richard Smith
  • Wahanga 2011 Ltd (Graham Allan Pitt & Moore)
  • Peter & Andrea Hamilton/Christopher Hardiman
Hamilton and Hardyman

Reduce the width of the required Esplanade Reserve along side of Saxton Creek adjoining the Appellants property from 20 metres to 5 metres.

RMA s274 parties to proceedings:

  • Christopher Strong, Peter Fry, Nigel & Philippa McFadden, Michael & Maria Lowe and Julian Raine
Julian Raine

a.     Amend Appendix 6 (table 6.2) of the Nelson Resource Management Plan so as to provide an exception to s230(3) of the Resource Management Act by waiving the requirement for any esplanade reserve through my land (Lot 2 DP14458) ; or

b.     Amend Appendix 6 (table 6.2) of the Nelson resource Management Plan so as to provide an exception to s23 0(3) of the Resource Management Act by reducing the width of the esplanade reserve through my land (Lot 2 DP14458) to 5 metres on either side; or

c.     Such other alternative or consequential relief as may give effect to my appeal.

RMA s274 parties to proceedings:

  • Trustees of the McFadden family trust, Michael & Maria Louisa Lowe, Peter & Andrea Hamilton, Christopher Hardiman
RG Griffin childrens trust

(i) Delete the 20m Esplanade requirement as it relates to the Appellant’s land, in favour of the Respondent designing the walkway requirements through the Appellant’s land now, and then negotiating with the Appellant over the options of securing the necessary width of access based on a specific design. Or

(ii) That the Esplanade Reserve Rule of a width of 20m either side of the bank be deleted, at least as it relates to the Appellant’s land, and replaced with a requirement for a 1.5m wide total corridor which would incorporate Saxton Creek within the corridor.

RMA s274 parties to proceedings:

  • Peter Fry, Andrea & Peter Hamilton, Christopher Hardiman, Maria Louise & Michael Lowe, Nigel & Philippa McFadden (Trustees of the McFadden Trust) and Christopher Strong
  • Julian Raine

Submissions, Hearing and Decisions

Plan Change 18 was publicly notified on 28 August 2010. Submissions closed on 1 November 2010 with 14 submissions received. A summary of submissions was publicly notified on 11 December 2010 and 29 further submissions were received.

Council engaged a hearing panel (chaired by an Independent Commissioner and assisted by Councillors) to hear and make decisions on submissions to Plan Change 18. A hearing was held on 31 October and 1 November 2011 and decisions were publicly notified on 30 June 2012.

The decisions were to approve the Plan Change as notified subject to the following amendments:

  • alteration to the esplanade reserve requirements for sites which have subdivision approval;
  • addition to the left hand planning map to show a ‘Proposed Road (Indicative Alignment Only)’ from John Sutton Place to Hill Street North.

Background

Nelson City Council, Tasman District Council and the community have been working together to plan for the development of the Nelson South and Richmond East area. This follows on from the Nelson Urban Growth Strategy (2006) that identified this area as having potential for residential development.

After background research and consultation with the community, proposed changes to both Council’s Resource Management Plans have been developed. Tasman District Council has tackled the Richmond East area and Nelson City Council has looked at the Nelson South area. The changes proposed for the Nelson area, collectively known as Plan Change 18 are as follows:

  • Rezone Areas C and D and the lower portion of 187 Champion Road and 203 Champion Road from Rural to Residential
  • Rezone 3A, 3B, 3C and 3D Hill Street and the upper portion of 187 Champion Road from Rural to Rural - Higher Density Small Holdings Area
  • Apply a Services Overlay to the proposed Residential and Rural - Higher Density Small Holdings Area zones.
  • Apply an Esplanade Reserve on both sides of the western arm of Saxton Creek

Documents and downloads

Trustees of the McFadden family trust - Downloads
Hamilton and Hardyman - DOWNLOADS
Julian Raine - DOWnloads
RG Griffin childrens trust

Contact person

For more information contact the Planning Adviser on +64 3 546 0338.