Which Plan to use? Now that the further submission period has closed, additional parts of the Proposed District Plan have to be treated as Operative. This means that to find out whether or not a resource consent is needed to carry out an activity, or the type of resource consent required, you need to look at both the Proposed District Plan and the Operative District Plan(1997). The rules in the Proposed District Plan that had immediate legal effect (from 24/8/2010) continue to do so, notwithstanding the submissions received on them. These rules are those found in:
All the rules in the rest of the Proposed District Plan on which there are no submissions now have to be treated as operative.
To assist you with this, a copy of the Proposed District Plan text has been marked up (highlighted) to show which parts are subject to submissions in opposition and are not operative. A hardcopy of this document is also available for viewing in each of the Council Offices.
All the rules that are not highlighted in the Proposed District Plan will now need to be complied with (treated as operative). If your proposal falls within this category you do not need to look at the Operative District Plan (1997) anymore. If your proposal is covered by a highlighted rule, you do still need to look at the Operative District Plan (1997). The exception to this are the rules in sections 5.2, 5.3, 6.1 and 6.2. If you wish to carry out an activity affecting a Significant Natural Area (SNA) or listed historic building or feature or within the Conservation (Indigenous Forest) Zone or Conservation (Wetland) Zone, you need to apply for a resource consent, even if the applicable rule is subject to submissions in opposition.
To assist you, it is recommended that you contact the Duty Planner at an early stage of the planning of your proposal and/or work your proposal through the following diagrams. Permitted Activities -
Diagram 1 Resource Consent Required -
Diagram 2 Should you wish to know if there have been submissions relating to a specific property e.g. rezone or not rezone it, to add or take off a heritage building or item, you need to contact the Duty Planner. The marked up version of the Proposed District Plan text will apply until the council makes decisions on all the submissions.
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