By Anna Bensemann | Sept 08, 2021
Understanding changes in legislation can be difficult enough, and with the Government bringing in new provisions under National Policy Statements and National Environmental Standards, it can be difficult to keep up. At a local level, there are many district and unitary councils going through a plan change process after their 10-year plan review and are making rule and policy changes consistent with national legislative changes.
The daunting process of keeping up with this change is important, not only for having your say on any proposed provisions at submission time, but also to understand your ongoing obligations for the lawful operation of your business.
There are two key dates in the life of a plan change that trigger when rules become operative, and therefore start to impact your business. The first is when the plan is initially publicly notified. Even before you make a submission to the rules there are a suite of rules that have legal effect immediately. These rules relate to the following: protection of water, air or soil for soil conservation, areas of significant indigenous vegetation, significant habitats of indigenous fauna, historic heritage, or aquaculture activities.
If you wish to undertake an activity that requires resource consent under these new rules, or in the case of water take and use, discharges to land, air or water or any coastal activities you need to renew a consent that has an expiry date, you will need to comply with the notified rules if they have immediate legal effect.
The second key date in the life of a plan change is the day that decisions are released. This is after all submissions and further submissions have been received, and hearings are complete. The decision-makers will release their findings, and 30 working days after this any parts of the plan change not appealed to the Environment Court are considered to be operative.
This is when rules relating to subdivision, and land use consents such as building placement on properties, use of land for commercial or residential activities out of the designated zone, or any other matter not already legally operative under the first key date. Anyone with an existing land use consent does not have to change what they are doing to fit with the new rules, it is only new activities or significant changes to existing activities that will be subject to the new land use consent rules.
Given Plan Changes can take years to complete and may result in significant changes at key milestones, it is important to be clear about when rules have a legal effect in order to ensure you are meeting your legal compliance during the plan change process.
Articles you might be interested in
- Highly Productive Soils – Big Picture Thinking vs Private Landowners Needs
- The importance of knowing your boundaries
- Buildings under exemptions may still need resource consent
- How lizards might affect your new development
- Boundary disputes – What are they and how can you resolve them?
- What does your zone mean for you and your property?
- Tiny Home Revolution May Not Save Costs
- Rural Allotment Sizes set to Double
- Land Development opportunities and times of change
- Selwyn District Council Changes Urban Allotment Sizes
- Negotiating with Neighbours Under the RMA
- Our History - How We All Play a Part in its Protection
- Wild Weather and Resource Consent Requirements
- Subdividing – The Basics
- Rivers, Lakes and Coastline, Public Space for All
- Hazardous activities, land contamination and resource consent applications
- Planning land use to be resilient to natural hazards
- Managing Wastewater in Rural Canterbury: A Guide for Property Owners
- Rural allotment sizes set to double in West Selwyn
- Submissions to a Resource Consent by Affected Parties
- Who Pays for Infrastructure in Greenfield Land Development?
- Flood Management | Changes in Selwyn
- Highly Productive Soils – Big Picture Thinking vs Private Landowners Needs
- Why we have complicated septic tank disposal rules
- Ensuring Compliance with Resource Management Laws
- What to do when you inherit land
- Is the RMA really the problem?
- How Tree Canopies Transform Neighbourhoods and Enhance Lives
- The impact of consent notices when purchasing land
- Proposed Selwyn District Plan Update
- Understanding Zoning and Density Rules in Selwyn
- The Great Forestry Debate
- Crime Prevention Through Environment Design (CPTED)
- Crunch Time For New Freshwater Legislation
- Good District Plan provisions save time and money
- Importance of Sediment Management in Land Development Projects: Simple Techniques for Effective Sediment Runoff Control
- Time's up on the RMA
- Change isn't coming, it's here!
- New Indigenous Biodiversity Legislation Mandates Significant Natural Area Identification
- Minimum Car Parking Requirements to be Chopped
- A recent Baseline Group project was recognised at the 2022 Canterbury Architecture Awards
- The dream of subdividing your land
- The costs of subdividing hitting Selwyn | development contributions
- Who Shapes our Planning Rules?
- Commercial Activity in a Rural Zone – What’s the Harm?
- How might Development Contributions affect you?
- Historic Heritage Challenges for Landowners
- Outstanding Natural Features and Landscapes - effect on farming
- Time matters – With Resource Consent
- How to navigate Rural Land Development Under the National Policy Statement on Highly Productive Soils
- Navigating New Opportunities: The Importance of Land Development Planning in 2024
- A New Dawn for Granny Flats and Accessory Dwellings
- The Taking of Esplanades at the Time of Subdivision
- Cross lease titles - an overview
- Make Your Additional Land Profitable Under the Selwyn Proposed Plan
- Planning Rules can Affect Property Value
- Your Rights as an Affected Neighbour: Navigating Development Under the RMA
- But that’s the way we have always done it!
- What does a professional planner do?
- Cross Lease Titles
- What does an activity status mean for your land development?
- Minimum car parking requirements to be chopped
- Councils are Increasing Residential Density, but why, who does it benefit?
- Managing Cultural Heritage Sites
- Going for housing growth, to improve housing affordability
- Indigenous Biodiversity: what does it mean for a farmer?
- Is it a Wetland or Not?
- Fundamental Culture Shift in New Zealand Planning Legislation.
- District Plan in Selwyn – How will it Affect You?
- The Role of Planning in the Climate Change - Discussion for Agriculture
- Have your say on Development Projects
- Build-to-Rent Development in New Zealand: A Rising Trend in Housing
- Back to Basics for the RMA Reforms
- The Role of Planning in Land and Property Development
- What does The Selwyn District Plan (appeals version) mean for the planning process and consent?
- Risks to farmland in the planning framework
- Confused by Environmental Legislation? You are Not Alone.
- With increasing density, good design matters
- Housing Growth continues in Selwyn with Legislative Support
- State highways, noise and reverse sensitivity: what’s the buzz?
- Flood Management – An Update
- RMA changes are coming, are you ready?
- Spotlight on District Plan Provisions
- Game changers for housing under the RMA
- Changes to Resource Management Planning Signalled in Proposed Legislation
- Burning crop stubble on your property?
- Proposed Selwyn District Plan - What next?
- The National Policy Statement for Natural Hazard Decision-Making and its effects on Resource Consents
- Balancing Common Sense and Legal Process under the RMA: Protecting Communities and the Environment
- Planning Permissions – Resource Consent or Plan Change?
- The rise or fall of rural lifestyle blocks in the Selwyn District?
- Housing Intensification – Not for Everyone Says CCC