By Anna Bensemann, Senior Planner, Baseline Group | Aug 02, 2022
From time to time a Council will review its planning documents or look to update them in light of changes to the common understanding of best practice planning. The Resource Management Act (RMA) also requires a review of each planning provision every 10 years to ensure its still relevant for similar reasons.
One of the most contentious planning issues that arises from these reviews is the aim to shift the lines on the maps delineating features such as coastal environment, areas of high or outstanding natural character, and areas of high or outstanding natural features and landscapes. The reason these lines on the map carry significance for landowners is the subsequent limitations to the use of rural land.
We live in an environment where economic markets are variable, and people need to pivot their economic model to respond to these markets, such as responding to the effects of a global pandemic. Any restrictions on the use of land, has the potential to limit the ability to for people to adapt.
An example of this is the limits placed on rural zoned land to host visitors in separate visitor accommodation units such as an Air BnB unit. The presence of a non-rural commercial activity triggers the need for a resource consent. While this may not be fatal on its own, the presence of further limitations within the district planning framework, such as an outstanding natural landscapes overlay may be fatal.
Councils cannot make changes to the district planning provisions without going through an appropriate consultation process, which includes formally notification of the plan change and a hearing to listen to the concerns of the individuals who make submissions. The process can be complex and requires a submitter to understand the value of their submission, not only for its content, but also for the scope it provides to advance to environment court should the outcome from the process not be in favour of the original submission intent.
Making a submission requires an understanding of the real on-the-ground issues at hand and how this is managed through the planning provisions including rules, policies, and objectives. A submission also needs an understanding of how to construct an argument specific enough to ideally get the results you want from the initial council processes but broad enough to allow for an appeal to Environment Court.
Often, the short time frames to prepare a submission make it difficult to fully understand the implications of the provisions proposed, and so taking advice from those who deal with these plans every day will ensure you make submissions you can rely on throughout a district wide plan change process.
If you receive notification that your land is part of a study to reconsider planning provisions, or an area subject to a plan change process, start investigating quickly to fully understand the potential limitations to your land and your future use of land, and make sure you get involved in the process.
Articles you might be interested in
- What does an activity status mean for your land development?
- Boundary disputes – What are they and how can you resolve them?
- Spotlight on District Plan Provisions
- The importance of knowing your boundaries
- Crunch Time For New Freshwater Legislation
- Have your say on Development Projects
- A Practical Guide for District Plan Reviews
- Importance of Sediment Management in Land Development Projects: Simple Techniques for Effective Sediment Runoff Control
- Highly Productive Soils – Big Picture Thinking vs Private Landowners Needs
- Crime Prevention Through Environment Design (CPTED)
- Confused by Environmental Legislation? You are Not Alone.
- Build-to-Rent Development in New Zealand: A Rising Trend in Housing
- Back to Basics for the RMA Reforms
- How lizards might affect your new development
- Planning Rules can Affect Property Value
- Managing Wastewater in Rural Canterbury: A Guide for Property Owners
- Selwyn District Council Changes Urban Allotment Sizes
- Cross Lease Titles
- Going for housing growth, to improve housing affordability
- What does The Selwyn District Plan (appeals version) mean for the planning process and consent?
- Tiny Home Revolution May Not Save Costs
- Balancing Common Sense and Legal Process under the RMA: Protecting Communities and the Environment
- The National Policy Statement for Natural Hazard Decision-Making and its effects on Resource Consents
- Ensuring Compliance with Resource Management Laws
- How might Development Contributions affect you?
- Is it a Wetland or Not?
- Submissions to a Resource Consent by Affected Parties
- But that’s the way we have always done it!
- Risks to farmland in the planning framework
- Planning land use to be resilient to natural hazards
- Time matters – With Resource Consent
- Understanding Zoning and Density Rules in Selwyn
- Buildings under exemptions may still need resource consent
- Tiny Homes and Granny Flats
- The Great Forestry Debate
- Proposed Selwyn District Plan Update
- Good District Plan provisions save time and money
- With increasing density, good design matters
- Managing Cultural Heritage Sites
- What does a professional planner do?
- Rural Allotment Sizes set to Double
- How to navigate Rural Land Development Under the National Policy Statement on Highly Productive Soils
- How Tree Canopies Transform Neighbourhoods and Enhance Lives
- Why we have complicated septic tank disposal rules
- Rural allotment sizes set to double in West Selwyn
- Is planning the cause of red tape for land development?
- RMA changes are coming, are you ready?
- The costs of subdividing hitting Selwyn | development contributions
- The Taking of Esplanades at the Time of Subdivision
- Our History - How We All Play a Part in its Protection
- Who Pays for Infrastructure in Greenfield Land Development?
- Wild Weather and Resource Consent Requirements
- The Role of Planning in Land and Property Development
- Burning crop stubble on your property?
- The dream of subdividing your land
- What to do when you inherit land
- Proposed Selwyn District Plan - What next?
- Who Shapes our Planning Rules?
- The impact of consent notices when purchasing land
- Is the RMA really the problem?
- Navigating New Opportunities: The Importance of Land Development Planning in 2024
- Fundamental Culture Shift in New Zealand Planning Legislation.
- Flood Management | Changes in Selwyn
- Commercial Activity in a Rural Zone – What’s the Harm?
- Game changers for housing under the RMA
- Rivers, Lakes and Coastline, Public Space for All
- Managing Waterbodies on Your Property: What Landowners Need to Know
- District Plan in Selwyn – How will it Affect You?
- State highways, noise and reverse sensitivity: what’s the buzz?
- Your Rights as an Affected Neighbour: Navigating Development Under the RMA
- Highly Productive Soils – Big Picture Thinking vs Private Landowners Needs
- Historic Heritage Challenges for Landowners
- Hazardous activities, land contamination and resource consent applications
- Minimum Car Parking Requirements to be Chopped
- Planning Permissions – Resource Consent or Plan Change?
- A New Dawn for Granny Flats and Accessory Dwellings
- Time's up on the RMA
- Change isn't coming, it's here!
- Make Your Additional Land Profitable Under the Selwyn Proposed Plan
- Negotiating with Neighbours Under the RMA
- Housing Growth continues in Selwyn with Legislative Support
- Flood Management – An Update
- What does your zone mean for you and your property?
- Indigenous Biodiversity: what does it mean for a farmer?
- A recent Baseline Group project was recognised at the 2022 Canterbury Architecture Awards
- Understanding Land Covenants: What You Need to Know
- New Indigenous Biodiversity Legislation Mandates Significant Natural Area Identification
- Councils are Increasing Residential Density, but why, who does it benefit?
- Land Development opportunities and times of change
- The rise or fall of rural lifestyle blocks in the Selwyn District?
- The Role of Planning in the Climate Change - Discussion for Agriculture
- Housing Intensification – Not for Everyone Says CCC
- Changes to Resource Management Planning Signalled in Proposed Legislation
- Navigating Prior Engineering Acceptance for Urban Developments in Selwyn
- Subdividing – The Basics
- Cross lease titles - an overview
- Minimum car parking requirements to be chopped