At its 24 March 2020 meeting Hutt City Council resolved to approve the parts of District Plan Change 43 that have not been appealed. The approved parts of the Plan Change are operative with effect from April 9 2020.
More information on the appeals is set out below.
District Plan Change 43 reviews the General Residential Activity Area provisions and proposed the introduction of two new activity areas, providing for medium density residential development and suburban mixed use in targeted areas. The Plan Change also includes several consequential changes to related chapters of the District Plan.
The purpose of the Plan Change is to provide for greater housing capacity and a wider range of options for housing styles and sizes at medium densities within the existing urban area. This could include low-rise apartments and terraced houses in areas that have good access to public transport, shopping, parks and schools, but also minor additional dwellings on smaller sites that do not have the potential for traditional infill.
The Plan Change introduces two new activity areas or zones:
- The Suburban Mixed Use Activity Area introduces a building height standard of 12 metres (three to four storeys), accommodating shops and cafes on the ground floor, with apartments or offices above.
- The Medium Density Residential Activity Area is located next to Suburban Mixed Use Activity Area. It allows buildings of up to 10 metres (plus one metre for the roofline), while restricting building height closer to the rear and side boundaries to reduce shading effects using recession planes and boundary setbacks.
These two new zones are located in eight areas chosen for their proximity to shops, schools, public transport and access to parks. These areas are in Stokes Valley, Taita, Naenae, Avalon/Park Ave, Epuni, Waterloo, Waiwhetu/Woburn and Wainuiomata.
View the District Plan maps, including new zones from Plan Change 43
View maps of Medium Density Residential and Suburban Mixed Use Activity Areas (PDF 3.2 Mb)
Outside of these eight areas, in the General Residential Activity Area, the Plan Change provides for medium density housing on sites larger than 1400 square metres. There is the potential for terraced and clustered houses, shared parking and outdoor living areas with buildings up to eight metres or two storeys. The Plan Change also removes some of the barriers to developing traditional infill and minor dwellings.
At its 4 November 2019 meeting, Hutt City Council approved the Plan Change, including the proposed amendments, as recommended by the Hearing Panel.
Public Notice of Decision (PDF 99 kb)
Decision (PDF 24.4 Mb)
Medium Density Design Guide (PDF 4.3 Mb)
This decision has been appealed.
Three appeals have been lodged with the Environment Court on the Plan Change. The appeals are from KiwiRail Holdings Ltd, Woolworths New Zealand Ltd and Design Network Architecture.
Notice of Appeal - Design Network Architecture Ltd (PDF 3.4 Mb)
Notice of Appeal - KiwiRail Holdings Ltd (PDF 501 kb)
Notice of Appeal - Woolworths New Zealand Ltd (PDF 3.7 Mb)
Woolworths New Zealand Ltd Appeal
The Woolworths New Zealand Ltd appeal was resolved through a consent order that was issued by the Environment Court on 5 June 2020.
The consent order amended Policy 5E 3.2.
Read the consent order on the Woolworths New Zealand appeal (PDF 738 kb)
The two outstanding appeals affect the following provisions of the Plan Change:
- Rule 4A 4.2.2 (site coverage)
- Rule 4A 4.2.4 (recession plane)
- Rule 4A 4.2.5 (yards)
- Rule 4A 4.2.7 (outdoor living space)
- Rule 4A 4.2.X (stormwater retention)
- Rule 4F 4.2.1 (site coverage)
- Rule 4F 4.2.3 (recession plane)
- Rule 4F 4.2.4 (yards)
- Rule 5E 4.2.2 (recession planes)
- Rule 5E 4.2.3 (yards)
- Rule 18.104.22.168(a) (minimum size of allotment)
All the objectives, polices and rules, other than the eleven provisions specified above, are now operative or can be treated as operative, and the analogous provisions that were removed by the Plan Change plan change are inoperative.
The provisions listed above will not be operative as they are subject to an appeal. These provisions will continue to have legal effect alongside any analogous provisions from the previous version of the District Plan. This means that there may be two applicable rules governing the same activity or matter until the relevant appeal is resolved. If there is a conflict between the old and new provisions, a weighting will be applied.
This site will be updated as further information on the appeals become available.
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If you have any questions about the proposed plan change, contact us.
Key steps, dates and related documents