Planning Nelson October 2010

Posted by Public Communications on 8 October 2010

October 2010

Contents

NRMP Plan Changes

Nelson City Council has publicly notified proposed Plan Changes 14, 17, 18, 19, 21, 22, 23, 24, 25, and 26 to the Nelson Resource Management Plan (NRMP) and Plan Change A1 to the Nelson Air Quality Plan. Public submissions are invited on all the proposed changes, so please check the closing dates for each one and make sure you have your say.

Copies of all the Proposed Plan Changes, the section 32 analysis and submission forms are available from the Customer Service Centre in Trafalgar Street or visit the council website.

Some of the plan changes notified on 25 September fall into the ‘Towards Better Urban Design’ plan review process which is discussed below. Others, such as regional plan changes and technical fixes are part of Council’s continual plan change programme. All plan changes are outlined in the following pages, starting with the ‘Towards Better Urban Design’ series and discussion of the rolling plan review process.

Towards Better Urban Design

Nelson City Council is undertaking a rolling review process for the NRMP. This has started with the Towards Better Urban Design series of plan changes (involves Plan Changes 13, 14, 17, 18, and 21).

Plan Change 14 sets up ‘umbrella’ District Wide Issues, Objectives and Policies in relation to Urban Design. The remainder of Plan Change 14 which addresses the Residential Zone, Land Development Manual and Appendices is a first stage in implementing a rolling review of better urban design goals through individual Zones in the Plan. Plan changes 13, 17, 18 and 21 which are location and issue specific also all fit under the urban design umbrella with each plan change being one piece of an integrated bigger picture.

Proposed plan change 14 Rolling plan review umbrella.

Future plan changes as part of the rolling plan review process could be expected on Suburban Commercial, City Centre (arising from Heart of Nelson), Industrial Zones and issues such as Intensification and Affordable Housing. 

Plan Change 14: Residential Subdivision, Land Development Manual and Comprehensive Housing

Plan Change 14 proposes to update and incorporate better approaches for urban design and specifically residential development into the NRMP and externally reference the recently approved Land Development Manual 2010 (previously known as the Engineering Standards 2003).

It has been developed by Council over a two year period in conjunction with the review of the Engineering Standards and the introduction of the NCC Land Development Manual 2010.

In January 2009 a Steering Group was created to oversee the development of the proposed plan change. The Steering Group comprised four Councillors, and five local professional group representatives (surveyors, architect, valuer, developer) and its role was as follows:

  1. provide strategic direction, and ensure that direction is met, and
  2. provide expert knowledge, and
  3. provide sector group leadership.

The Steering Group was invaluable to the development of the plan change and met eight times throughout the development of the draft. The Steering Group provided valuable input, direction and professional expertise in relation to a range of difficult urban design issues that do not translate well with prescriptive rules and standards in the NRMP.

During the development of the Plan Change the Council:

  1. held a well attended workshop to scope issues and identify options in terms of Plan provisions with which to address them,
  2. attended local professional group meetings and seminars to discuss the plan change,
  3. issued three editions of “Towards Better Urban Design” newsletter to stakeholders,
  4. released a draft plan change for comment; and
  5. held a public questions and answer session on the proposed rules.

What are the key changes for Plan Change 14?

A summary of the amendments to the NRMP include:

  • New definitions for urban areas and urban design
  • Updating Council administration processes and relationships with external documents
  • Inserting new and amending existing issues, objectives, policies, methods, environmental results and performance indicators for Land Transport, Urban Design, Services and Subdivision and Development
  • Amending the Residential Zone policies and rules for subdivision, streetscape, front yards, on site manoeuvring areas, fences, comprehensive housing, and overlay rules
  • Adding additional values for esplanade reserves
  • Updating the roading hierarchy map to reflect current levels of service and the new definitions in the Land Development Manual 2010 for road classifications
  • Deleting the previous Engineering Standards 2003 references in favour of the new Land Development Manual 2010
  • Amending Appendix 14 to complement the amended Residential Subdivision Rules and the Land Development Manual, including the deletion of the roading table from the NRMP. A new roading table is located in the Land Development Manual
  • Deleting the Comprehensive Housing Design Guide and replacing it with new guidelines.

Why is Council keen to change things?

Plan Change 14 is all about making Nelson a better place by being more people-friendly and an attractive place to live. The design of, and relationships between, the buildings, the surrounding environment, public spaces and streets has a significant influence on people because our everyday lives are affected by the environments we share in urban areas.

While Nelson has many attractive buildings and spaces, there are also some poor examples, where opportunities to do something better were missed. Some of the ongoing effects of not planning development well may include:

  • Creating a residential evironment that is just not pleasant to walk around or to visit as buildings and fences dominate and overtop footpaths
  • A city that is difficult to walk or cycle around and more dependent on cars
  • Neighbourhoods and communities that are disconnected and lack identity
  • Buildings and public areas such as roads, parks and squares that are not appealing to people or don’t allow a variety of uses
  • The attractiveness, vitality and safety of public spaces can be compromised
  • Every neighbourhood starts to look the same - and one size does not fit all
  • Not making the most of the residential land that is available

Through this Plan Change, Council wants to encourage a more considered approach to residential development. This approach requires development to take account of its setting and how it connects to what is already there and creating a quality urban environment for residents and visitors.

Submissions close 5pm, 3 December 2010

For more information

Lisa Gibellini on 03 546 0375 or email lisa.gibellini@ncc.govt.nz. 

Plan Change 17- Enner Glynn and Upper Brook

Plan Change 17 proposes to rezone areas of Enner Glynn and the Upper Brook Valley (plus four properties in Marsden Valley) including the introduction of a structure plan for the area. This follows on from the direction provided in the Nelson Urban Growth Strategy (NUGS) 2006 and is integrated with the structure plan work that has been carried out for Ngawhatu and Marsden Valleys.

The main features of the Plan Change are:

  • New areas of Residential Zoning
  • Increased areas of Rural Zone – Higher and Lower Density Small Holdings in Enner Glynn Valley
  • Rural Zoning retained in Upper Brook Valley, and above the Landfill and York Valley Quarry
  • A network of walkway/cycleways, future roads and biodiversity corridors provided through a structure plan
  • Landscape, Services, Land Management, Fault Hazard and Riparian Overlays revised
  • Properties in Marsden Valley that were not included in the previously notified proposed Plan Change 13 are included here to ensure zoning is consistent.

Plan Change 17 - Enner Glynn and Upper Brook Valley Structure Plan Maps – including Proposed NRMP Zoning

(from the proposed plan change document)

Click to download proposed plan change 17 maps 1,2 and 3 PDF @ 1.2MB

Submissions close 3 December 2010

For more information

Reuben Peterson on 03 546 0295 or email reuben.peterson@ncc.govt.nz. 

Plan Change 18 - Nelson South

Plan Change 18 - Nelson South proposes to rezone areas of land north of Champion Road from ‘Rural’ to both ‘Residential’ and ‘Rural Zone- Higher Density Small Holdings Area’. A Services Overlay is also applied to these areas and the Riparian Overlay placed on the western arm of Saxton Creek.

Plan Change 18 - Nelson South Plan Maps

(from the proposed plan change document)

Click to download proposed plan change 18 maps 1 and 2 PDF @ 200KB

Submissions close 1 November 2010

For more information

Peter Rawson on 03 546 0338 or email peter.rawson@ncc.govt.nz. 

Plan Change 19 – Blackwood Street Reserve (West) rezoning

Plan Change 19 proposes to rezone the neighbourhood reserve at Blackwood Street from Open Space and Recreation to a mix of Industrial and Residential and to create an esplanade reserve adjacent to Jenkins Creek. This will make better use of this land, which is isolated and has poor visibility, while still providing for recreation and access along Jenkins Creek.

Plan Change 18 – Blackwood Street Reserve (West)

(from the proposed plan change document)

Click to download proposed plan change 19 maps 1 and 2 PDF @ 1.5MB

http://www.nelsoncitycouncil.co.nz/assets/Environment/Downloads/plan-changes/proposed-plan-change-19-maps-1-2.pdf

Submissions close 3 December 2010

For more information

Debra Bradley on 03 546 0261 or email debra.bradley@ncc.govt.nz. 

Plan Change 21 – Parking and related changes

The main features of the proposed Plan Change are:

  • Reduction in parking requirements across the region for some activities
  • A new parking standard for motels, backpackers and other travellers’ accommodation, which to date have needed resource consent for parking
  • A new policy to guide applicants and decision makers on when a reduction in parking may, or may not, be appropriate to allow by resource consent
  • A new rule allows the number of car parks to be reduced if cycle parks are provided instead
  • A minor change to the sign rules clarifies that directional and ‘wayfinding’ signs for pedestrians and cyclists are allowed

The rest of the Plan Change relates to the Inner City Zone and implements parts of the Heart of Nelson Strategy relating to parking:

  • The location, design and appearance of privately provided carparking areas
  • The amount of private parking provided on each site
  • The block bounded by Collingwood, Hardy, Harley, Malthouse Lane and Riverside is to be treated as if it were City Centre with provision of parking by businesses as not compulsory (and sites will later become subject to the special City Centre rate)
  • The design and appearance of new or altered buildings in this block will be regulated to control the location of onsite parking.

STOP PRESS: Plan Change 21.5 (relating to block east of Collingwood St and rule ICr.76)

It has been brought to our attention that the section 32 table for Plan Change 21.5 is absent from the section 32 report released with the notified plan changes. PC21.5 is therefore void and will have to be re-notified with the missing table provided. That will occur within the next fortnight. Since there is a very long submission period for the plan changes, the closing date for submissions for the re-notified PC21.5 will remain as 3 December. The other parts of Plan Change 21 are unaffected. Apologies for the inconvenience.

Submissions close 3 December 2010

For more information

David Jackson on 03 546 0432 or email david.jackson@ncc.govt.nz 

Plan Change 22 - Heritage Trees

Plan Change 22 proposes to add 24 trees to “Appendix 2 - Heritage Trees” of the NRMP. These trees have been assessed by Council as justifying listing in the NRMP. The NRMP has three categories of listed trees: Local, Landscape and Heritage. Heritage Trees receive the highest level of protection under the planning rules, with Local Trees being the least protected. Twelve of the current proposed trees have been assessed as meriting Heritage status, with 10 in the Landscape category and two Local.

Submissions close 3 December 2010

For more information

Paul Harrington on 03 546 0388 or email paul.harrington@ncc.govt.nz 

Plan Change 23 – Daylight and Solar Panels

Plan Change 23 proposes to address barriers to the installation of solar hot water systems.
It is proposed to allow up to seven square metres of solar panels on the northern boundary of a site to breach daylight provisions. This is the practical placement for solar panels, and its north facing aspect will ensure that they won’t create shade on neighbouring properties. A 0.5 metre encroachment into the maximum height provisions is also proposed for solar panels, as a permitted activity. Text and diagram changes are also proposed to clarify the daylight provisions in Appendix 15 of the NRMP.

Submissions close 3 December 2010

For more information

Debra Bradley on 03 546 0261 or email debra.bradley@ncc.govt.nz. 

Plan Change 24 – Freshwater

Plan Change 24 proposes to move freshwater rules to an appendix rather than being repeated in each zone chapter.

Plan Change 24.1 enables Freshwater rules FWr.26 to FWr.29 to apply in all zones (rather than the Rural Zone only). The rule related to effluent disposal fields (FWr.29) will now be able to be applied in cases where developers choose not to join up to reticulated services, as provided for in Proposed Plan Change 14 and the NCC Land Development Manual 2010. Proposed Plan Change 24 amends FWr.29 to more explicitly apply to all zones, and states that extensions to existing effluent disposal fields (as well as new disposal fields) require resource consent.

Plan Change 24.2 updates the water quality classifications in Ap28.4 that were based on 2002 data. After five more years of monitoring the Council has adopted the Cawthron Institute recommended 16 changes to the classifications.

Submissions close 3 December 2010

For more information

Debra Bradley on 03 546 0261 or email debra.bradley@ncc.govt.nz. 

Plan Change 25 – Technical fixes

Plan Change 25.1 – Hazardous substances

This proposed change to Appendix 21 (hazardous substances) is to reflect the update of a NZ Standard since the NRMP became operative. AS/NZS 1596:2008 The storage and handling of LP Gas has replaced the former standard, the AS/NZS 1596:1997 Storage and Handling of LP Gas.
This Plan Change also corrects two inconsistencies between the total effects ratios rule (shown in Table 21.2.4) and the reasons for the industrial zone effects ratio (AP21.4.16).

Plan Change 25.2 – Noise

This proposed change corrects an inconsistency between REr.43.3, ICr.42.3 and SCr.36.3 that state activities that contravene a permitted condition are discretionary and the explanations in REr.43.5, ICr.42.5 and SCr.36.5 that incorrectly state that noise in excess of the permitted standard will be assessed as a non-complying activity. The Plan Change deletes this sentence from the explanations.

Plan Change 25.3 – Tahunanui Slump Slope Risk Overlay

This proposed change amends the rule (REr.76) controlling heavy structures (over 1,000kg) in the Tahunanui Slump Slope Risk Overlay. Control over reductions in structure weight as well as increases are proposed because weight reductions can also impact on slope stability.

Plan Change 25.4 – Soil disturbance, earthworks and vegetation clearance

This proposed change amends the soil disturbance rules in three zones (REr.60, OSr.48 and RUr.26), earthworks rules in seven zones (REr.61, ICr.55, SCr.48, INr.54, OSr.49, RUr.27 and COr.25) and the vegetation clearance rules in four zones (REr.59, OSr.47, RUr.25 and COr.25) to require remediation of bare soil areas as soon as practicable but no later than six months after the soil disturbance has occurred, rather than allowing soil to remain bare for up to 12 months. This change has been made to reduce the risk of erosion and soil sedimentation occurring after earthworks.

Plan Change 25.5 – Definitions

This proposed change:

  • amends the wording of the road boundary definition to improve consistency with other, related definitions in the NRMP (with no change in effect).
  • adds a definition for ‘drip line’ (around trees) to provide more certainty in the implementation of rules REr.95, ICr.68, SCr.65, INr.67, OSr.70 and RUr.70 (Activities within the dripline of a Heritage or Landscape Tree identified in Appendix 2).
  • amends the defensible space definition by allowing for a lesser area to apply if this has been approved in writing by the Principal Rural Fire Officer.
  • amends the ‘net area’ definition to simplify it.
  • adds a definition for ‘predominant slope’. This term is used in the soil disturbance rule to determine activity status (less than 25 degrees from horizontal is a permitted activity, 35 degrees or less is a controlled activity, and a greater slope is a discretionary activity). It is therefore important to clearly define how to determine this slope.
  • amends the definition for ‘revegetation’ to remove the reference to 60% coverage of soil surfaces.

Plan Change 25.6 – Landscape rules in the Rural Zone

The proposed changes to the landscape rules in the Rural Zone improve the link between the controlled activity rules related to structures (RUr.54), earthworks (RUr.56) and subdivision (RUr.80) within the Landscape Overlay, and Appendix 7 (guide for subdivision and structures in the Landscape Overlay).
Definitions for construction and erection have been added, to provide certainty that these terms include the relocation of a building or structure. This activity has similar effects to construction and erection of new buildings and structures.

Submissions close 3 December 2010

For more information

Debra Bradley on 03 546 0261 or email debra.bradley@ncc.govt.nz. 

Plan Change 26 – Firefighting provisions

This proposed change requires a total of 45,000 litres of water storage for use in fire fighting and for domestic water supply, or a home sprinkler system through the house for new rural buildings. This change reflects the revised New Zealand Fire Service Firefighting Water Supplies Code of Practice (SNZ PAS 4509:2008).

Submissions close 3 December 2010

For more information

Debra Bradley on 03 546 0261 or email debra.bradley@ncc.govt.nz. 

Plan Change A1 – Air Quality Plan

Plan Change A1 proposes to:

  • Introduce a new rule to deal with the use of wood pellet fuel in industrial-scale fuel burning appliances.
  • Amend transitional provisions for domestic open fires and enclosed burners in rural properties which, through change in land use or rezoning, become subject to the Air Quality Plan’s ‘Urban Area’ controls. The new rule allows such fires to continue to be used and replaced in the future with clean air approved burners if the owners wish.
  • Update to the map showing what is ‘Urban Area’.
  • Correct an error that prevents existing ‘Jetmaster’-type fires within the Urban Area (which can be used until 1 January 2013) from being replaced with a complying woodburner.
  • Delete Rule AQr.55A which allows the burning of certain agricultural plastics. There are now two product stewardship programmes that operate in the region enabling the recycling rather than burning of bale wrap and agrichemical containers.
  • Introduce a minor change to allow different stack (flue) arrangements for domestic burners running on diesel.

Submissions close 3 December 2010

For more information

Richard Frizzell on 03 546 0423 or email richard.frizzell@ncc.govt.nz 

Legal effect of plan changes

Please note: With the exclusion of Plan Change A1 and Plan Change 24 Freshwater, none of the rules within the proposed Plan Changes has any legal effect under the Resource Management Act until after submissions have been received, hearings held and Council delivers its final decision on submissions. With Plan Change A1 to Nelson’s Air Quality Plan and Plan Change 24 Freshwater to the NRMP, the new rules take legal effect from the notification date.

The RMAA 2009 now delays rules from having legal effect until decisions have been made on submissions. The exceptions to this, where rules continue to have legal effect as soon as the proposed plan is publicly notified, are when:

  • The Council has obtained an order from the Environment Court that allows a rule to have legal effect on a different date; or
  • The rule protects air, water, soil (for soil conservation purposes), areas of significant indigenous vegetation or significant habitats of indigenous fauna, or historic heritage; e.g Air Quality Plan Changes, or Freshwater Plan Changes.
  • The rule provides for, or protects, an aquaculture marine area.

New policies and assessment criteria (since these are not rules) have to be had regard to if they are relevant to considering a consent (even if the Plan Change is not adding or changing a rule or consent status).

What if the Plan Change introduces new or changed objectives and policies and new or changed rules?

The objectives and policies will have immediate effect whereas the rules will not (except for the exceptions noted above).

Will this present a problem where the rules and other provisions are mismatched? For example, what happens now Plan Change 14 is notified?

The rules have no legal effect from the date of notification, however all other provisions do such as the urban design objectives and polices, and assessment criteria. Where matters are externally referenced (i.e. LDM, NZ Standards etc) as rules they will also not have legal effect until after decisions on submissions. There may therefore be some temporary inconsistencies between new objectives and policies and operative rules until the proposed rules take legal effect. This will require consideration during the assessment of any resource consent application.

Examples - Proposed Plan Change 14

Has Legal Effect

Does not have Legal effect

Objectives and Policies (proposed Urban Design, proposed changes to Services Overlay, Transport, Subdivision).

Proposed rules in relation to district matters such as Subdivision (General), front yards and fences.

Assessment Criteria

Proposed changes to Appendices (treated as rules).

 

Proposed changes to Roading Hierarchy and Services Overlay (treated as rules).

Weighting

Legal effect and weighting are two different concepts. Rules can have legal effect, but low weighting, or high weighting and not have legal effect.

Weighting refers to the amount of weight to be afforded in a decision on a consent to the provision and is dependent upon how far through the plan change process a provision has come, i.e. it is a graduated assessment.

Legal effect refers to whether or not a provision has legal effect, i.e. this is a ‘yes it does’ or ‘no it doesn’t’ have legal effect decision. For resource consents this basically applies to whether it determines the activity status regardless of how much weighting can be afforded to it. 

NCC Land Development Manual 2010

A comprehensive review of the Nelson City Council Engineering Standards 2003 (Engineering Standards) has been completed.

The new document was approved by Council on 29 July 2010. The name for the new document is the ‘Nelson City Council Land Development Manual 2010’ (Land Development Manual).

Engineering Standards 2003 Status

Regardless of what is contained in the Nelson Resource Management Plan, or the timing of Plan Change 14, Council has a role as Asset Manager.  In that role, Council has the ability to determine the type and standard of assets that are allowed to connect to Council’s reticulated systems, or that will be taken over by Council, or works on NCC assets. In that role Council can insist upon the new standards in the Land Development Manual being complied with.

Resource Consent Activity Status and Assessment

From 29 July up until Plan Change 14 has legal effect, applicants will have the option of either pursuing a controlled activity subdivision using the operative roading standards, or a discretionary activity subdivision using the standards in the Land Development Manual.

The processing of resource consents in the transitional period will focus on the effects of the proposed activity and how this fits with the environment and the objectives of NRMP.

While complying with the LDM may technically change the activity status, in practice the assessment will focus on minimising environmental effects and achieving the desired outcomes for the development and surrounding environment.

Council encourages you to arrange a pre-application meeting with our duty planner ph 03 546 0200 or dutyplanner@ncc.govt.nz to discuss any processing matters. 

Staff changes

Farewell Michael Croxford - he has joined the resource consents team at Tasman District Council. The team will soon be interviewing for the PIMs officer position and then recruit for the remaining vacant position.

For more information

Mandy Bishop, Manager Resource Consents, 03 545 8740 or email :mandy.bishop@ncc.govt.nz 

Major Projects Team

The Major Projects Team is still available for free pre-application advice on larger subdivisions or developments. Potential applicants should check out the Major Projects Team brochure on Council's website. Please contact Martin Workman Ph 5460431 to make an appointment or click here to visit the Council website for more information. 

Urban Design Panel

The Nelson Tasman Urban design Panel (UDP) is still available for pre application consultation for projects with significant urban design implications. All projects with urban design implications are encouraged to contact Martin Workman, phone 546 0431early in the design process to see if there is benefit in going to the UDP.Click here to visit the Council website for more information. 

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Planning Nelson is a publication of the Nelson City Council

Nelson City Council
PO Box 645
Nelson
03 546 0200

Planning Nelson is a publication of the Nelson City Council

Nelson City Council
PO Box 645
Nelson
03 546 0200

[986961]