Your Council

Proposed District Plan Decisions 2017

Timetable for adoption of the Proposed District Plan (PDP)

On 9 November 2017 Council decided to adopt the Hearings Panel's recommendations on the PDP. Council's decision was publicly notified on 22 November 2017. Following public notification of the decision:

  • there is a 30 working day* period (up to and including 25 January 2018) in which submitters can lodge appeals** to the Environment Court; and
  • should there be no appeals, then the plan can be made operative by Council; however, if there are appeals, the plan won’t be able to be made operative until the end of the appeals process.

*(Working days under the Resource Management Act 1991 do not include weekends, public holidays or the Christmas/New Year period from 20 December - 10 January)

**Form 7 - Notice of Appeal to the Environment Court against decision on proposed policy statement or plan or change or variation can be found here:

https://www.environmentcourt.govt.nz/forms-fees/

Refer to the Proposed District Plan Decision Table for copies of the Plan documents

Operative District Plan Provisions Remaining

In addition to the PDP Decisions Version 2017 provisions, the Operative District Plan provisions still apply until any appeals have been resolved. Once appeals are resolved, the following Operative District Plan provisions will continue to apply: Operative District Plan Provisions

The Background

On 10 December 2015 Council endorsed moving the Proposed Kāpiti District Plan (PDP) to formal hearings in 2016. The hearings have been held under a panel consisting of five members, comprised of three independent commissioners and two Council* commissioners who conducted the hearings in accordance with procedures set out in the Resource Management Act 1991. *Commissioner Ammundsen stepped down from her Councillor role at the last local election in November 2016.

Full hearings began in April 2016 and the Hearings Panel convened a one-day meeting on 17 February 2016 to advise submitters or their representatives about the proposed hearing process.

Hearings Panel minutes and correspondence

During the course of the hearings, the Panel Chair has issued minutes at various times to inform submitters about the conduct of the hearings. Also during the course of the hearings, parties to any hearing were able to provide memoranda and correspondence to the panel. Copies of minutes, memoranda and other documents can be found here.

A conflict of interest matter was raised at the Procedural Meeting on 17 February 2016.  The Chair of the Hearings Panel for the Proposed Kapiti Coast District Plan, Alistair Aburn, issued a preliminary and a final decision, which can be found here with other minutes of the Hearings Panel.  Subsequently, the objection to Mr Aburn hearing and considering submissions in respect of the airport zone was withdrawn in a memorandum found here.  Mr Aburn continued as Chair of the Hearings Panel, to hear and consider submissions on the entire Proposed Kapiti Coast District Plan.

PDP Updates

In addition to the Hearings Panel minutes, two newsletters were released, the 'PDP Update', which provided  laypeople summaries of progress at the hearings. Copies can be found here.

Coastal Ratepayers United Environment Court Declaration Application

An application for declarations was filed in the Environment Court by Coastal Ratepayers United (case number ENV-2016-WLG-000028).
The application (here )sought two declarations relating to the withdrawal of provisions from the Proposed District Plan in 2014.
If you would like further information in relation to Environment Court proceedings you can refer to the Environment Court's website:
http://www.environmentcourt.govt.nz/

CRU v KCDC Application for Declarations - 5 July 2016

CRU v KCDC -  K Moody affidavit cover

Env 2016 WLG  - K Moody affidavit

Env 2016 WLG - K Moody exhibits

J Allin affidavit

CRU v KCDC Memorandum of Counsel

Hearings schedule

The hearings schedule is available here.

In accordance with RMA requirements, the hearings recognised tikanga Māori where appropriate and information can be found here.

Information (Sn 42A reports and evidence) on each hearing can be found below.

General/Plan-Wide     4 April - 11 April
Chapter 2 Objectives         12 April - 19 April

Chapter 12 General and District-wide    

(excluding Financial Contributions)          

2 May -  4 May

Chapter 10 Historic Heritage

(excluding waahi tapu)         

6 May - 10 May
Chapter 5 Living Environment  11 May - 27 May
Chapter 7 Rural Environment   30 May - 15 June
Chapter 7 Rural Rezoning Requests  17 June - 20 June
 Urban Tree Variation 11 July - 12 July
Coastal Overview  13 July
Chapter 3 Natural Environment  25 July -  1 August

Chapter 9 Hazards

2 August -  5 August

 Chapter 4 Coastal Environment

 8 August - 10 August

 Chapter 8 Open Space

 11 August - 11 August

 Chapter 11 Infrastructure

 15 August - 19 August

 Chapter 6 Working Environment

 12 September - 20 September

 Chapter 12 (Financial Contributions only)

 26 September - 27 September

 Chapter 10 Historic Heritage (waahi tapu only)

 28 September - 30 September 

 Chapter 12 (Provisions relating to Amateur Radio only)

 3 October - 4 October

 Whole PDP Integration Hearing

 13 December - 14 December

 Appendix 3.1 (Development Incentive Guidelines)

 14 February 2017

Whole PDP Integration

3 March, 15 March, 5 April  2017