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Planning Nelson Newsletter
August 2010
Contents
- Staff changes
- Fees and charges and implementation of the discount policy
- Statistics
- Plan changes
- How to subscribe and unsubscribe
Staff changes
We only introduced Sarah Capenerhurst in our last newsletter as our graduate planner but she has been lured away to Auckland for a consent planner position. We are arranging temporary cover while we consider the best structure of the team to provide the best resource consent service given our commitment to process all consents on time.
Contact
Mandy Bishop, Manager Resource Consents
545 8740
Fees and charges and implementation of the discount policy
With the Resource Management Discount Policy Regulations coming into force on 31 July, we thought it was timely to advise our clients on how we will be administering this policy, and update you on our new fees and charges.
New fees and charges
New fees and charges apply to consents received from 1 July 2010.
The standard deposits still apply, i.e. $900 for land use, $1,300 for subdivision applications, and $500 for variations etc. Please refer to the full set of fees.
When an application involves multiple consents, the deposit is payable at the higher rate, plus a flat fee of $250 for each accompanying application, eg.
- Subdivision plus land use: $1,300 plus $250;
- or land use plus variation: $900 plus $250
If the initial deposit is not paid in full at application time, the Council will not start processing the application.
Discount Policy
The Resource Management Discount on Administrative Charges Regulations came into force on 31 July 2010.
All Resource Consent applications lodged on or after Monday 2 August 2010 will be covered by the discount policy.
Nelson City Council is adopting the recommended default discount policy, as follows:
- A 1% discount will be applied for every day that an application is processed over the statutory timeframes, up to a limit of 50 working days.
- The discount applies up to the time that the decision is issued, ie. notified to the applicant (see (f) below.
- The discount does not apply to any processing that takes place after the decision is issued, eg. 223, 224 Certification.
- The discount regulations do not apply to administrative charges for development contributions, monitoring fees and charges, subdivision certifications, and any other charges set by a local authority under any other Act.
Calculating processing days
To determine whether the decision has been issued within the statutory timeframe:
- Clock starts the day after the application is lodged.
- If the application is submitted with insufficient deposit, the clock does not start until the full deposit is received.
- Where an application is rejected under Section 88 (incomplete application), the clock does not start until the day after the application is re-lodged with the complete information.
- Requests for Further Information (s.92), Written Approvals (s.95), or other consents (s.91): the clock stops the day this request is made (posted or transmitted).
- Re-starting the clock on receipt of information from (d) above: the clock starts the day after this information is received.
- The clock stops on the date the decision is issued, ie. the date that the decision letter is posted or transmitted.
How applicants will be advised of the discount
This information will be printed on the invoice – the number of days overdue, and the actual discount given. To assist the applicant to keep track on how long the process could take we will be introducing a letter/email when no further information is required and the section 95 decision has been made. The letter/email will state the days taken so far and the anticipated days it will take to issue the decision.
Disputing the discount
There is no provision for appealing the discount (eg. as for objection to costs under Section 357B). The applicant can contact the Resource Consents Unit Consents Administrator and ask for a breakdown of processing days. Until the Council determines policies for disputing the amount of the discount or that a discount should’ve been applied and was not, consent holders may write to the Manager Resource Consents to request this be reviewed.
Accessing geotech reports
We are gradually converting all subdivision Geotech reports to electronic documents. If you want a copy of a Geotech report, you can request this via our website, or email directly to ncc.geo@ncc.govt.nz – please provide as much information as possible about the report you require, eg. the street address or lot number of the property, writer and date of the report, the property condition that references the report etc. We aim to provide the report within 2 working days, but let us know if you need the report the same day. There is a $20 fee for accessing subdivision files/Geotech reports and this can be paid online using a credit card.
For more information
Contact information at Council is below, or find more Implementation Guidance provided by MfE at www.mfe.govt.nz for more information.
The resource consents and policy planning teams are also working towards establishing a regular face to face forum with professionals and developers to discuss how we can better provide our planning practice and service for our customers. I believe more can be accomplished with lively discussions than many emails bouncing around cyberspace!
Contact
Mandy Bishop, Manager Resource Consents
545 8740
Statistics
A total of 364 resource consents issued for 2010/2011; 40 less than last year. An average of 82% of non-notified consents processed on time with an average of 23 days to issue.
Plan changes
The Council has been working with stakeholders on a number of plan changes to implement the Nelson Urban Growth Strategy, Heart of Nelson Strategy and to provide for better urban design. These Plan Changes (Plan Change 14, 17, 18, and 21) are proposed to be notified in August and September. Also proposed for public notification in September are plan changes to make technical fixes or updates to the Nelson Resource Management Plan and Air Quality Plan.
Proposed Plan Change 13 – Marsden Valley
Council proposed to rezone land in Marsden Valley to provide for residential and commercial use. The current zoning pattern provides for a lower density residential use in parts of the valley, while the remainder is zoned for Rural Small Holdings.
The main features of the proposed changes are:
- Change in zoning to Residential (standard and higher density)
- Add an area of Suburban Commercial Zoning
- Provide for roads, walkways, green space and biodiversity corridors
- Amend the fault hazard, land management, services and landscape overlays.
Publicly Notified on 19 Sep 2009, hearings held on 18 and 21 June 2010. Deliberations by the Hearing Committee are continuing.
Contact
Reuben Peterson
546 0295
Proposed Plan Change 14 Residential Subdivision, Comprehensive Housing, and Land Development Manual
Plan Change 14 seeks to update and incorporate better urban design approaches into the Nelson Resource Management Plan, the NCC Engineering Standards (to be called the NCC Land Development Manual) and into Council administration and policy processes.
The main changes proposed are summarised as follows:
- Addition to the meaning of words for definitions for urban areas and urban design as well as updating changes in terminology for services and infrastructure.
- Changes and addition to Chapter 3 the Administration section of the Plan to update Council administration processes and relationships with external documents. This also includes changes to the Services Overlay description.
- Inserting new urban design issues and explanation into Chapter 4 Resource Management Issues.
- Amending and inserting new objectives, polices, methods, environmental results and performance indicators in Chapter 5 District Wide Objectives and Policies for Land Transport, Urban Design and Subdivision and Development.
- Amending the Residential Zone policies and rule tables for streetscape, front yards, subdivision, comprehensive housing, fences and services and landscape overlays.
- Amending Appendix 6 Riparian and Coastal Margins to add additional values for esplanade reserves.
- Amending Appendices 10 Parking and Loading, 11 Access Standards and 12 Tracking Curves to update content and align with the NCC Land Development Manual 2010.
- Deleting Appendix 13 Engineering Standards in favour of using the new NCC Land Development Manual referenced as an external document.
- Amending Appendix 14 to compliment the amended Residential Subdivision Rules and the NCC Land Development Manual, including the deletion of the roading table from the NRMP. A new roading table is located in the NCC Land Development Manual.
- Amending Appendix 22 Comprehensive Housing to clarify the outcomes desired.
Externally reference throughout the Plan the NCC Land Development Manual 2010 as a means of compliance for controlled activity subdivisions, and as an assessment criterion for restricted discretionary and discretionary activity subdivisions. Amending all references to Appendix 14 throughout the Plan to instead reference to the new roading tables in the NCC Land Development Manual 2010.
Planned for Public Notification September 2010
Contact
Lisa Gibellini
546 0375
Plan Change 15 – Heritage
Plan Change 15 proposes to include seven new listed items and amend three existing listings in ‘Appendix 1 Heritage buildings, places and objects’ of the Nelson Resource Management Plan.
Publicly Notified on 6 Feb 2010, hearing held on 21 June 2010. Planned to become operative 9 August 2010.
Contact
Peter Rawson
546 0338
Plan Change 16 – Inner City Noise
This Plan Change updates the inner city noise standards to allow for more practical enforcement, and better management of noise produced and noise received. The Plan Change does not seek to raise permitted noise levels, but to improve the way noise is managed and enforced. The methods of control of noise from temporary community events held in public places will no longer be considered under the scope of Plan Change 16 but be considered under a separate plan change which is likely to incorporate the management of noise from public parks and spaces through out the Nelson district.
Planned for Public Notification in 2011
Contact
Reuben Peterson
546 0295
Plan Change 17 - Rezone rural land Enner Glynn and Upper Brook
Plan Change 17 (Enner Glynn and Upper Brook Valley Structure Plan) will be presented to the 29 July Council meeting seeking a decision to notify. If a decision is made to notify the plan change then this is likely to occur in August 2010. Submissions can be made on the Plan Change after it is notified.
Planned for Public Notification August 2010.
Contact
Reuben Peterson
546 0295
Plan Change 18 - Rezone Rural to Residential: Nelson South (Champion Road area)
This proposed Plan Change proposes to:
- 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 North 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 of varied width on both sides of the western arm of Saxton Creek.
Planned for Public Notification August 2010.
Contact
Peter Rawson
546 0338
Proposed Plan Change 19 – Blackwood Street Reserve (West) Rezoning
The Council owns land which is zoned and scheduled as a neighbourhood reserve, but is not well used for this purpose due to its relative isolation and poor visibility. The Council proposes to rezone the land as two industrial titles and one residential title, and to create an esplanade reserve adjacent to Jenkins Creek, in order to promote more efficient use of this land, while still providing for recreation and access along Jenkins Creek.
Planned for Public Notification September 2010.
Contact
Debra Bradley
546 0261
Plan Change 20 – Heritage #2
The Heritage Inventory Project was commenced in June 2009 and is being undertaken by a team of consultants headed by Mr Ian Bowman.
The heritage inventory project is currently at the stage of the consultant team short listing approximately 81 buildings, places and objects from the public nominations and the research by the consultants. The consultant team are now at the stage of undertaking research on the heritage significance of these short listed buildings, places and objects which is scheduled to be completed by mid to late August 2010.
Council officers are also reviewing the existing heritage provisions within the Plan and it is anticipated that a draft Plan Change will be developed which will contain revised heritage provisions and additional and updated scheduled heritage items within the Plan.
Consultation on these, draft Plan Change provisions will then be required with the Heritage Strategy Implementation Group (representatives from interested groups and Councillors), land owners other heritage group and the public generally. Feedback from the draft Plan Change will inform the content of the revised proposed Plan Change, which is anticipated to be notified in early 2011.
Planned for Public Notification 2011.
Contact
Peter Rawson
546 0338
Plan Change 21 - Parking
Plan Change 21 reduces the mandatory parking requirements citywide for certain activities, introduces more guidance for when parking may be reduced by resource consent (including using demand management plans), allows parking to be reduced where cycle parks are provided, and introduces a parking standard for visitor accommodation (it is currently a controlled consent in all cases). Within the City Centre, control is to be exercised over the design and appearance of private car parking areas, and a maximum ratio will be introduced for businesses providing their own parking. There will also be a change from mandatory to voluntary provision of on-site parking in the block Collingwood/Hardy/Harley/Malthouse/Riverside and new design controls for buildings in this block.
Planned for Public Notification September 2010.
Contact
David Jackson
546 0432
Proposed Plan Change 22 – Heritage Trees
There are 25 new trees that have been assessed by Council as justifying protection in the Nelson Resource Management Plan (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. 12 of the current proposed trees have been assessed as meriting Heritage status, with 11 in the Landscape category and two Local.
Planned for Public Notification September 2010.
Contact
Paul Harrington
546 0388
Proposed Plan Change 23 – Daylight
Text and diagram changes are proposed to clarify the daylight provisions in Appendix 15. Allowing for non-compliance with the daylight provisions is proposed for up to seven square metres of solar panels on the northern boundary. This is the practical placement for solar panels, and its north facing aspect will ensure that the non-compliance does not create shade on neighbouring properties. A 0.5 metre encroachment into the maximum height provisions is also proposed.
Planned for Public Notification September 2010.
Contact
Debra Bradley
546 0261
Proposed Plan Change 24 – Freshwater
The Freshwater rules are being moved 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 three rules related to stock management will not have significant effect, but the one 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. The current water classifications in Appendix 28.4 of the Freshwater Plan Change are based on eighteen months of monitoring (up until 2002). After five more years of monitoring, the Council commissioned the Cawthron Institute to review the water classifications and set up a more uniform assessment process to ensure consistency of classification over the long term. The Cawthron report made 16 changes to the classifications.
Planned for Public Notification September 2010.
Contact
Debra Bradley
546 0261
Proposed Plan Change 25 – Technical fixes
These changes fix inconsistencies between rules and their explanations, and amends a few definitions, and updates a NZ standard for handling of LP Gas referred to in Appendix 21 (hazardous substances). The most significant change is to the landscape rules in the Rural Zone, to improve the link between the controlled activity rules within the Landscape Overlay regarding structures (RUr.54), earthworks (RUr.56) and subdivision (RUr.80), and Appendix 7 (guide for subdivision and structures in the landscape overlay).
Planned for Public Notification September 2010.
Contact
Debra Bradley
546 0261
Proposed Plan Change 26 – Fire fighting provisions
This change affects new rural buildings, requiring 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. This change reflects the revised NZ Fire Service Code of Practice for Fire Fighting Water Supplies (2008).
Planned for Public Notification September 2010.
Contact
Debra Bradley
546 0261
Plan Change A1 – Air Quality Plan Changes
Plan Change A1 (Air Quality Plan) introduces a new rule for industrial burning of wood pellets, removes the rule allowing burning of agricultural plastics (now that recovery schemes are operating), updates the ‘Urban Area’ map to include new residential areas and establishes new transitional provisions for domestic fires in rural areas that become urban areas. It amends the rules to allow horizontal flues for domestic diesel burners, and corrects an error that prevents existing ‘Jetmaster’-type fireplaces being replaced with a complying woodburner.
Planned for Public Notification September 2010.
Contact
David Jackson
546 0432
Community services global events resource consent
Separate to Plan Change 16 a possible resource consent application is being scoped by Nelson City Council’s Community Services Department. This will be a resource consent application to cover a range of events to be held in parks and at other sites, but the process has not started as yet – it is still in the scoping stage. This will not be a blanket consent to “increase noise levels in parks” – it will name a number of sites and make consent application for a increased noise levels for a limited number of events to take place. This will include community events like school sports days, sports tournaments, community fairs, festival events, and events such as Race Unity Day. Council’s events covered will include Broadgreen Rose Day, Isel in Bloom, summer movies in parks, the Teddy Bear’s picnic, the Buskers festival, Opera in the Park, “In your neighbourhood” recreation sessions, arts and heritage events.
Contact
Kath Inwood
546 0289
Iwi Heritage Inventory
In early 2009, the Nelson City Council approached iwi for guidance on the identification of Maori cultural heritage sites and appropriate measures for their recognition and protection under the Plan. A working group with representation from all Iwi was set up to consider the discrepancies and gaps in information currently in the Plan.
The iwi heritage inventory report containing recommendations from the working group was developed and endorsed by the Kotahitanga hui on the 21st of March 2010. Part of these recommendations where that an archaeologist be commissioned to investigate additional potential archeological sites in the Nelson region. This was undertaken and the finalised archaeological report was presented to and endorsed by the Kotahitanga hui on the 22nd of June 2010.
It was also agreed at this hui that a further working group be set up to consider the best way to protect Maori cultural heritage in light of the recommendations of the Iwi heritage report and archeological report. This is in the process of being set up.
The result of these investigations will be an eventual plan change to the Nelson Resource Management Plan. There will be comprehensive consultation with iwi, landowners and the public generally before notification of any such plan change, which is likely to be in mid 2011.
Contact
Peter Rawson
546 0338
Section 6c (SNA)
This plan change process is reviewing the operative plan provisions (Conservation Overlay) which stem from the requirements of Section 6c of the Resource Management Act 1991 (RMA) which requires that all persons exercising functions and powers under the Act recognise and provide for: “The protection of areas of significant indigenous vegetation and significant habitats of indigenous fauna.”
Section 6c of the RMA is often referred to as Significant Natural Areas (or SNA’s). A review of these provisions is required as part of an Environment Court decision in 2001.
A working group has been set up to consider this matter and they have met twice and provided an approved direction for staff. This direction will be formulated into draft plan provisions for consideration and approval by the working group before consultation with landowners, iwi and the public generally.
Contact
Peter Rawson
546 0338
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