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Maitahi/Bayview residential development

There have been numerous statements made in the public domain regarding the potential Maitahi/Bayview residential development.  The responses below address the matters that are being raised.

Process

As previously stated the Council has not yet received any application for either a Plan Change or Resource Consent.  Until an application is received it is difficult to say with any certainty what will be proposed regarding process.  The following sets out all potential Plan Change process scenarios the applicant may request.

  1. Private Plan Change Request.  Proceeds under Schedule 1 of the Resource Management Act which includes public notification.
  2. Private Plan Change Request that is sought by the applicant to be adopted by the Council as their own.  A Council meeting will be required to determine whether Council will agree to accept or adopt the Plan Change.  If it is, then it proceeds under Schedule 1 of the Resource Management Act which includes public notification.
  3. Private Plan Change Request that is sought by the applicant to be adopted by the Council and then proceed through the streamlined planning process.  There are entry criteria set out in the Resource Management Act for following this process and the Minister has to agree for it to be used.  If the Minister agrees then the Minister will issue a Direction which must provide for consultation (if not already undertaken) and a submission process. 

Further information on these processes can be found on the Quality Planning Website through the New Zealand Planning Institute and the Ministry for the Environment website.

Who considers the Plan Change?

Depending on which process is followed as set out above it will either be considered by Resource Management Commissioners appointed for the hearing or Commissioner appointed by the Minister. If a streamlined Planning Process is used, the Minister makes the final decision using criteria set out in the Resource Management Act.

Future Development Strategy

The FDS was developed under Policies 12 to 14 of the National Policy Statement Urban Development Capacity 2016 (NPSUDC) and identifies the broad location, timing and sequencing of future development capacity over the long term future and included consultation with the community.  The strategy  has been developed under the NPS UDC and this supercedes the Nelson Urban Growth Strategy 2006 (NUGS) study.  The future development strategy adopted by the Council, identifies potential areas for greenfield development including more intensive housing typologies as well as for brownfield intensification.  Both types of development are necessary to meet predicted growth. See the Council (City Development) website for housing capacity monitoring reports  http://www.nelson.govt.nz/building-and-property/city-development/urban-development-capacity/.  The Future Development Strategy is the policy response to the NPS UDC and the provisions of the Resource Management Act outlined above will apply to the consideration of any Plan Change request.

The new National Policy Statement Urban Development 2020 was gazetted last week.  It further strengthens the requirements for Councils to be responsive to enabling sufficient development capacity including plan change requests.

Effects

Effects on the environment both potentially adverse and beneficial will be considered by the Commissioners or Minister.