Proposed District Plan Change 43 reviewed 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 proposed 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.
Maps of Medium Density Residential and Suburban Mixed Use Activity Areas - Decision version (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)
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)
These appeals affect the following provisions of the Plan Change:
- Policy 5E 3.2
- Rule 4A 4.2.2 (site coverage)
- Rule 4A 4.2.4 (recession plane)
- Rule 4A 4.2.5 (yards)
- 4A 4.2.7 (outdoor living space)
- 4A 4.2.X (stormwater retention)
- 4F 4.2.1 (site coverage)
- 4F 4.2.3 (recession plane)
- 4F 4.2.4 (yards)
- 5E 4.1.4(a) (residential activities)
- 5E 4.1.8 (all other activities)
- 5E 4.2.2 (recession planes)
- 5E 4.2.3 (yards)
- 184.108.40.206(a) (minimum size of allotment) (i)
Read the Plan Change provisions, with appealed provisions highlighted (PDF 2 Mb)
All the objectives, policies (other than Policy 5E 3.2) and the rules (other than those listed above) of the Plan Change are now beyond challenge. That has implications for how Council is required to apply the new plan provisions, including how they affect the building of houses and the processing of resource consents.
- The rules of the Plan Change (other than the rules specified above) are to be treated as operative and the previous rules (i.e. the analogous rules from the operative District Plan) are treated as inoperative under section 86F of the Resource Management Act.
- The rules listed above are not treated as operative as they are subject to an appeal. While those rules have legal effect (i.e. resource consent may be required under those provisions), the analogous rules from the operative District Plan also continue to apply. This means that there may be two applicable rules governing the same activity or matter until the relevant appeal is resolved.
- The objectives and policies of both the operative District Plan and the Plan Change have legal effect, and will need to be considered when assessing a resource consent application. If there is a conflict between the objectives and policies of the operative District Plan and the Plan Change, Council will be able to give the objectives and policies of the Plan Change significantly more weight than what is given to the equivalent objectives and policies of the operative District Plan when undertaking its policy assessment under section 104(1)(b) of the Resource Management Act.
Other submitters on the Plan Change now have an opportunity to join the appeals by filing and serving a section 274 notice on the relevant appeal. Submitters have until 30 January 2020 to file their notice and serve it on Council.
This site will be updated as further information on the appeals become available.
Plan Change Document
Proposed Plan Change 43 Volume 1 (PDF 16.5 Mb)
Proposed Plan Change 43 Volume 2 (PDF 20.3 Mb)
Proposed Plan Change 43 - Split Version (use this link if you want to view and download the document in sections)
Hearing Panel minutes, memos from the Friend of Submitters and the hearing timetable (opens in new window)
Officer's report (opens in new window)
Additional material provided by submitters (opens in new window)
Officer's rebuttal and additional information (opens in new window)
Get in touch
If you have any questions about the proposed plan change, contact us.
Key steps, dates and related documents