The ODP will continue to have legal effect where any corresponding objectives, policies and provisions in the PDP have been appealed. As appeals are resolved, the ODP provisions will fall away and the PDP will be relied on.
While we still have both an ODP and a PDP it is necessary to comply with both Plans. However, rules in the PDP that are not subject to appeals must be treated as operative, and the corresponding ODP rules fall away.
Any rules in the PDP which cannot be treated as operative still have legal effect and are afforded 'weighting' on a case by case basis, depending on the nature and extent of the appeal.
The Appeals version 2018 identifies which parts of the Proposed District Plan (PDP) are subject to appeals and therefore may change as a result of the appeals process. It also identifies which parts of the PDP are not subject to any appeals and are now effectively operative. This version includes some minor corrections to the Decisions version 2017. A list of these corrections is available here.
View the Proposed District Plan Appeals Version 2018 here.
The period for filing appeals with the Environment Court on the Decisions version of the PDP closed on 25 January 2018.
Details of appeals can be found here.
Council officers have identified the parts of the PDP subject to appeals and an ‘Appeals version’ of the PDP can be found here. The Appeals version identifies which parts of the PDP are subject to appeals and therefore may change as a result of the appeals process. It also identifies which parts of the PDP are not subject to any appeals and are now effectively operative.
As a result of the withdrawal of coastal provisions from the PDP there are some specifically identified coastal related provisions in the Operative District Plan that will continue to remain in force after the conclusion of the PDP process and until they are replaced through a Schedule 1 of the RMA process.
View the Operative District Plan 1999 here.
View details of the ODP provisions that will continue to apply here.
On 22 November 2017, the Council publicly notified the Decisions version of the Proposed District Plan (PDP).
This replaced the Proposed District Plan 29 November 2012 Notified version.
View the Decisions version of the PDP here.
Council appointed a five member Hearings Panel to hear the submissions made on the PDP. Hearings commenced on 4 April 2016 with the last hearing held on 5 April 2017. In total there were 41 hearing days and 218 submitters who appeared and presented to the Hearings Panel.
View information on the hearings process and the reports and evidence presented to the Hearings Panel here.
On 9 November 2017 Council adopted the Hearings Panel's recommendations on the PDP.
View the Hearings Panel recommendations here.
In response to public concern about aspects of the Plan, Council commissioned an Independent Review of the PDP in October 2013.
The Review recommended the PDP continue with a modified process.
In July 2014, Council adopted Option 4 of the Review.
Details of the Independent Review process and reports are available here.
Based on the recommendations of the review, at the meeting on 24 July 2014, Council resolved to amend the list of rules with immediate legal effect, and withdraw from the PDP the maps and provisions relating to Coastal Hazard Management Areas, provisions relating to hazardous facilities, and references to priority areas for restoration.
Council resolved on 27 November 2014 to extend the timeframe for giving its decision on the provisions and the matters raised in submissions on the PDP to 29 November 2017. Extending the timeframes enabled more robust analysis of the submissions, commissioning of additional technical reports as required, and an additional consultative process with submitters prior to the start of hearings.
View details on the withdrawal of PDP map layers and related provisions and the Operative District Plan 1999 coastal hazard provisions that will continue to apply here.
In 2008, Council began reviewing its District Plan, as required for every plan provision every 10 years under the Resource Management Act. View the range of District Plan Review background reports and information here.
On 29 November 2012, the Proposed District Plan (PDP) was publicly notified. View the Notified version of the PDP and supporting information here.
A summary of submissions can be found here.
Further background on the PDP can be found here.
If you have any questions or comments about the District Plan Review or the PDP, please call the Manager, Research, Policy and Planning on 04 296 4700 or email firstname.lastname@example.org