report Whenuapai Air Base - Resource Management Act 1991 Processes to Establish Alternative Uses

Transcription

1 report Whenuapai Air Base - Resource Management Act 1991 Processes to Establish Alternative Uses

2 report Whenuapai Air Base - Resource Management Act 1991 Processes to Establish Alternative Uses Prepared for the NZ Defence Force By Beca Planning A Division of Beca Carter Hollings & Ferner Ltd March /020 Rev A L2:20284

3 New Zealand Defence Force Headquarters, Defence House Private Bag WELLINGTON 31 March 2004 Our Ref: /020 L2:20284-Beca Report Resource Consent.doc Dear Sir Whenuapai Air Base - Resource Management Act 1991 Processes to Establish Alternative Uses Please find attached a final draft of the above document, as discussed. If you should have any queries please do not hesitate to contact me. Yours faithfully Beca Carter Hollings & Ferner Ltd Alistair Talbot Senior Planner Direct Dial: atalbot@beca.co.nz ABT:abt Beca Planning A Division of Beca Carter Hollings & Ferner Ltd 132 Vincent Street PO Box 6345, Auckland, New Zealand Telephone Fax

4 Table of Contents 1 Executive Summary Resource Consent Plan Change Designation Specialist Inputs Likely Consenting Processes Timeframes Introduction Resource Management Act Processes Obtain Resource Consent Approval Obtain a Plan Change Designation The Consent Authorities Resource Consent Plan Change Designation Likely Inputs to the Processes Commercial Airport Urban Use/Non Commercial Airport Land Use Likely Consenting Process for Identified Land Use Scenario Commercial Airport Urban Use Non Commercial Airport Use Shared Use Appendices Appendix 1 - Resource Consent Process Appendix 2 - Private Plan Change Process Appendix 3 - Plan Change Process Appendix 4 - Designation Process /020 Beca Planning Page i

5 1 Executive Summary The statutory processes available under the Resource Management Act 1991 (the Act) to enable the establishment of a commercial airport or urban/non-commercial airport land use at the Whenuapai Air Base are: Resource consent; Plan Change; or Designation These processes are summarised below. 1.1 Resource Consent Resource consent applications relating to commercial airport or urban/non-commercial airport use would be considered by Waitakere City Council (e.g. land use), and Auckland Regional Council (e.g. discharges to air, land and water). Resource consent applications would be assessed against the provisions of the relevant district or regional plan. It is likely that these applications would be publicly notified. A hearing would be held before the relevant consent authority. Independent commissioners could be appointed to determine the application or in the case of applications of national significance an application for resource consent could be called in by the Minister for the Environment. 1.2 Plan Change A plan change can be promulgated either privately or by the local authority. Waitakere City Council is responsible for plan changes to the Waitakere District Plan that would cover land use at Whenuapai. With regard to the development of Whenuapai Air Base for urban/non-commercial airport land uses the plan change process is probably the most appropriate tool. However, while a plan change may facilitate the establishment of certain activities it may not necessarily permit them to occur without resource consent. For instance, the plan change could establish a zone on the site that would facilitate the development of urban/non-commercial airport type activities and could enable the subsequent resource consent process to proceed more easily. Resource consents would still be required from regional council (e.g. for discharges to land, air or water). 1.3 Designation A designation is a land use planning tool that provides consent for a specific activity in a district plan. It is commonly used in the provision of major infrastructure or other public works that may for instance cross boundaries, zones or jurisdictions. If a designation is included in a district plan it overrides the provisions of the underlying zone. Whenuapai currently operates under a NZ Defence Force designation /020 Beca Planning Page 1

6 A designation is served by the requiring authority that has financial responsibility for the work. In terms of the Act, Ministers of the Crown and territorial local authorities, such as Waitakere City Council, are requiring authorities. Network utility operators such as transport or infrastructure providers can also be requiring authorities e.g. Tranz Rail, Transit New Zealand. New designations must be publicly notified for submissions and a hearing held. Under certain circumstances an alteration to an existing designation can be undertaken without notification. Following a hearing the requiring authority retains the ability to confirm a designation considering any recommendations made by the hearings committee (or independent commissioners). Alterations to existing designations within the District Plan must be made with the agreement of the consent authority. 1.4 Specialist Inputs To undertake any of the above statutory processes it will be necessary to have a range of specialist inputs in order to support the development of either a commercial airport or urban/non-commercial airport land use. The inputs required are broadly similar for each use and specialists may include lawyers, acoustic engineers, traffic engineers and landscape architects. It is also recognised that any statutory process is likely to warrant consultation with stakeholders and the community. 1.5 Likely Consenting Processes Typically, District Plan provisions that apply to airports include designating the site for airport purposes. This would therefore be an appropriate consent process for a requiring authority, with financial responsibility for the work, to establish a commercial airport at Whenuapai. A designation would provide a reasonable level of certainty to an airport operator, although it may restrict non-airport type uses. Management tools or conditions that control the effects of the activity on the environment, e.g. noise, are typically included in the Designation. It is noted that even the shared use of the air base for commercial use/defence force use would, in our opinion, require some form of planning approval (i.e. a change to the present planning provisions applying to the site). We consider the consenting process for such a change to be similar to those outlined for the other land use scenarios identified in this report. 1.6 Timeframes All of these statutory processes are subject to appeal. Appeals to the environment court can add significantly to the timeframe for seeking consents. Appeals are also heard de novo, which can add to costs. Although governed by statutory process the decision making process is subject to many unknown factors and so definitive timeframes cannot be given. However, a timeframe of several years could be envisaged (in any case) due to the significant lead time required to prepare the consent application documentation, undertake technical support investigations and carry out any consultation required. The likelihood of appeals to the Environment /020 Beca Planning Page 2

7 Court is high and this could add to the timeframe. In planning any project it would be prudent, to assume an appeal to the Environment Court and to allow at least three years (and possibly longer particularly if a plan change/resource consent route is selected) for the application process to be completed /020 Beca Planning Page 3

8 2 Introduction The purpose of this report is to outline the following: The statutory processes and associated timeframes available under the Resource Management Act 1991 (the Act) to enable the establishment of a commercial airport, or urban/ non-commercial airport use at the Whenuapai Air Base; The Consent Authorities for each statutory process; The likely inputs required, including specialist technical advice and investigations to support the statutory processes; and The likely consenting processes for each identified land use scenario /020 Beca Planning Page 4

9 3 Resource Management Act Processes The processes available under the Act to establish a new use on the Whenuapai Air Base site are detailed below. 3.1 Obtain Resource Consent Approval The resource consent process and statutory timeframes are outlined in Part VI (Resource Consents) the Act. Included in Appendix 1 to this report is a flow diagram illustrating this process and the statutory and estimated (or best guess ) timeframes associated with seeking resource consent. As a summary, the key stages and associated timeframes are as follows: (a) Making an Application In making an application for a resource consent an assessment of environmental effects (AEE) of any proposed activity must be undertaken. This assessment provides the consent authority with a statement of the potential effects of a proposed activity on the environment in order to avoid, remedy or mitigate any potential adverse effects on the environment. An AEE should include: a full description of the proposed activity a description of the environmental effects (e.g. traffic, soil, water, visual impact and cultural issues) including the significance and nature of the effects, a description of alternatives to avoid, remedy or mitigate any significant environmental effects, a description of any risks to the environment from the emission of hazardous substances, a record of any consultation undertaken, and a discussion of any effects that may need to be controlled or monitored, how the control or monitoring will be carried out and by whom. In undertaking an AEE a number of matters should be considered. These are identified below. The effect on the neighbourhood including any wider cultural or socio-economic effects on the community at large; The physical effect on the locality, including any landscape or visual effects; Any physical disturbance of habitats or ecosystems in the vicinity of the proposal including effects on plants and animals; /020 Beca Planning Page 5

10 The effect on physical and natural resources having either recreational, aesthetic, scientific, historical, spiritual, cultural or other special value for present or future generations; The effect of any discharge of contaminants into the environment, including any unreasonable emission of noise and the options for the treatment and disposal of contaminants; and The effect of any risk to the neighbourhood, the wider community or the environment through natural hazards or the use of hazardous substances or hazardous installations. More complex applications generally need specialist input, for example, assessments by engineers, architects, landscape architects or scientists. (b) Public Notification An application for resource consent for an activity can be processed either non-notified basis or publicly notified depending on the status of the proposal that resource consent is being applied for in the District Plan. The greater the potential environmental effects of a proposed activity the more likely it is that a proposal will be notified. A publicly notified application provides people with the opportunity to make a submission on a proposal. (c) Submissions Once an application for resource consent has been publicly notified submissions must be lodged within 20 working days of this date, after which it is not possible to make any further submissions. The opportunity to make a submission is open to any member of the public and may be either in support or in opposition to the proposed activity. (d) Hearings A hearing is held should the consent authority consider it necessary (where submissions are received) or if the applicant or person who made a submission requests to be heard. If required the hearing is generally held within 25 working days of the close of submissions. The consent authority is required to fix the date, time and location of the hearing and to give the applicant and submitters at least 10 days notice of these details. The consent authority will generally prepare a report on the activity being applied for, which includes recommendations. This is generally provided to the applicant and submitters five working days prior to a hearing. At the hearing it is possible to comment on the consent authority s report. Under the Act all relevant resource consents should be applied for at the same time, even where these are required by different consent authorities (e.g. the regional and district council may require separate consents be sought for the same activity). This enables the consent authorities to consider the potential effects of the entire activity, rather than looking at specific aspects separately. If there is more than one consent authority involved, the regional council generally acts as the co-ordinating agency /020 Beca Planning Page 6

11 (e) Decisions A decision on a non-notified application for resource consent will generally be made within 20 working days after lodging the application with Council. In the case of a notified application, a decision will generally be made within 15 working days following the hearing, or if no hearing was held within 20 working days of the closing of submissions. When considering an application for resource consent the consent authority is required to have regard to - Part II of the Resource Management Act (the purpose and principles) Section 104 of the Act, including but not limited to: any actual or potential effects on the environment of allowing the activity any relevant policy statements or plans the nature of any discharges and the sensitivity of the proposed receiving environment, reasons for the applicant's choice, and any possible alternatives any submissions made by the public. Following the hearing, the consent authority will issue a copy of the decision, the reasons for it and the attached conditions of consent. Any condition that the consent authority considers appropriate can be attached to a decision. (f) Appeals If either the applicant or a submitter is unhappy with the decision or a condition of consent an appeal can be lodged with the Environment Court. An appeal must be lodged within 15 working days of receiving the consent authority s decision. (g) Commencement of Consent A resource consent commences once the time for appealing a decision has lapsed and no appeal has been lodged; when the Environment Court determines the appeal that has been lodged; or, when all appeals on a decision have been withdrawn. 3.2 Obtain a Plan Change A Plan Change can be initiated by Council or by a private concern. If initiated by a private concern the Council may either adopt or accept a Plan Change. The term adopt means the Private Plan Change becomes a change or plan made by the Council. The term accept is where a Private Plan Change is made and Council agrees that the plan change can proceed to notification and follow the private plan change decisionmaking procedures set out in Part II of the First Schedule of the Act. These processes are addressed below as shown in the diagrams provided in Appendix 2 and 3 to this report /020 Beca Planning Page 7

12 3.2.1 Private Plan Change The private plan change mechanism provides for private benefit initiatives that are not a priority for councils. (a) Plan Change Request In lodging a private plan change request the purpose of the change and the reasons for it must be outlined. Any anticipated environmental effects must also be described. A local authority has then got 20 working days within which to require the applicant to provide any further information should this be considered necessary. The local authority can modify the plan change request with the agreement of the applicant. Following either the receipt of the request, or; the receipt of any required information, or; the receipt of any report commissioned by Council, or; the modification of any request, the local authority has 30 working days to deal (i.e. adopt or accept ) with the plan change request. The local authority can either adopt the request as its own, accept the request in whole or in part, reject the request or decide to deal with the request as a resource consent. Following the local authority s consideration of the request, the applicant must be notified of the decision within 10 working days. A Section 32 report, detailed in Section 3.2.2(a) of this report, is not required for a private plan change unless the local authority adopts the plan change as its own. (b) Notification Should the local authority decide to accept the plan change, it must be notified within four months of the date that the local authority agreed to accept it. (c) Submissions and Further Submissions Once the plan change is notified any person may make a submission on the proposed plan change to the local authority. The local authority is obliged to publicly notify the availability of a summary of all of the submissions made on the proposed plan change. Any person may make a further submission on the proposed plan change within 20 working days of the notification of the availability of the summary of submissions. However, any further submission may only be in support of or in opposition to those submissions already received. (d) Hearing A local authority is required to hold a hearing with regard to a proposed plan change. All parties that made submissions on the plan change and requested to be heard should be served notice of the hearing at least 10 days prior to it occurring. (e) Decisions Following the hearing, the consent authority will make its decision. A copy of the decision and the reasons why it was made is then made /020 Beca Planning Page 8

13 Decisions are also publicly notified. The proposed plan is amended from the date the decisions are notified (i.e. the Plan Change has effect). (f) Appeals Either the applicant or any person who made a submission on the plan change request has the right to appeal a local authority decision to the Environment Court. Any matter raised in a submission can be referred to the Environment Court within 15 working days of receiving the local authority decision Council initiated Plan Change The Council initiated Plan Change process and statutory timeframes are detailed in the First Schedule of the Act. Included in Appendix 3 to this report is a flow diagram illustrating this process and the statutory and estimated (or best guess ) timeframes associated with a Council initiated Plan Change. (a) Plan Change Preparation The local authority prepares the proposed plan change. This includes a Section 32 report and proposed issues, objectives, policies, methods and rules for the plans change area. A Section 32 report is required to be undertaken by Council for a proposed plan change. This report must examine the extent to which each objective of the proposed plan change is the most appropriate way to achieve the purpose of the Act, and whether having regard to their efficiency and effectiveness, the policies, rules or other methods are the most appropriate for meeting these objectives. The benefits and costs of policies, rules or other methods should also be examined in the Section 32 report. (b) Submissions Any person may make a submission on the proposed plan change to the local authority. The local authority is obliged to publicly notify the availability of a summary of all of the submissions made on the proposed plan change. (c) Further Submissions Any person may make a further submission on the proposed plan change within 20 working days of the notification of the availability of the summary of submissions. However, any further submission may only be in support of or in opposition to those submissions already received. (d) Hearings A local authority is required to hold a hearing on the proposed plan change. All parties that made submissions on the plan change and requested to be heard should be served notice of the hearing at least 10 days prior to it occurring. (e) Decisions The local authority is required to publicly notify its decision on the proposed plan change following which the proposed plan change is considered to have been amended /020 Beca Planning Page 9

14 (f) Appeals Any person who made a submission on the proposed plan change can appeal the local authority s decision to the Environment Court within 30 working days of the notification of the decision on the proposed change. The Environment Court will then hold a public hearing into the decision and may either confirm the local authority s decision or instruct the local authority to modify, delete or amend the plan change. 3.3 Designation The Designation process and statutory timeframes are detailed in Part VIII (Designations and Heritage Orders) of the Act. Included in Appendix 4 to this report is a flow diagram illustrating this process and the statutory and estimated (or best guess ); timeframes associated with the designation process. A designation is a provision in a district plan which provides notice to the community of an intention by a requiring authority to use land in the future for a particular work or project. Once a site is designated for a particular purpose, the requiring authority is able to proceed with specific work on the site as if it were permitted by the District Plan. Outlined below is a summary of the key stages associated with seeking a designation. (a) Requiring Authority Status A requiring authority can either be a Minister of the Crown, a local authority or a network utility operator which has been approved as a requiring authority under Section 167 of the Act. It is only possible for a requiring authority to utilise the designation provisions of the Act. A third party can undertake a proposed activity on designated land provided that the written consent of the requiring authority has been obtained. (b) Notice of Requirement A notice of requirement is the way in which a requiring authority gives notice to a territorial authority of its requirement for a designation on an area of land. Information to be provided with a notice of requirement is similar to that for a resource consent and generally includes an assessment of environmental effects. A notice of requirement for a new designation must go through a public notification, recommendation and decision making process before it becomes a designation. It is possible for a notice of requirement to alter an existing designation. The alteration provision allows for minor changes to be made to a designation, but does not provide for a more than minor change in effects from the use of the land. (c) Public Notification All notices of requirement for a new designation must be publicly notified. The notification process is the same as that for an application for resource consent (detailed in Section 2.1(b) of this report) /020 Beca Planning Page 10

15 (d) Submissions As is the case with resource consents, if a notice of requirement is publicly notified any person can make a submission to the territorial authority in opposition to or in support of the notice. (e) Hearing A hearing is held by the territorial authority if it is requested or considered to be necessary. Joint hearings may also be held should regional resource consents be required. (f) Recommendation by Territorial Authority The territorial authority can make one of the following recommendations to the requiring authority: To confirm the requirement; To modify the requirement; To impose conditions; or To withdraw the requirement. It is noted that the territorial authority provides a recommendation to the requiring authority rather than a decision and must provide reasons for its recommendation. (g) Decision of the Requiring Authority After receiving the territorial authorities recommendation, the requiring authority has 30 days to advise the territorial authority of its decision to either accept the decision, accept it in part or to reject it with reasons. The territorial authority must then notify the requiring authority s decision within 15 days of receiving it. (h) Appeals The territorial authority or any person who made a submission may lodge an appeal with the Environment Court within 15 working days of the requiring authority s decision being notified. (i) Inclusion in Plan Once the appeal period has lapsed and no appeal has been lodged, if an appeal is lodged and subsequently withdrawn, or if the Environment Court confirms or modifies the requirement, the territorial authority can then include the designation in the Plan. (j) Outline Plan An outline plan must be undertaken by the requiring authority and be submitted to the territorial authority in order for new works on a designated site to be authorised. Section 176A(3) of the Act states that an outline plan should contain: /020 Beca Planning Page 11

16 The height, shape and bulk of the proposed activity, The location on the site of the proposed activity, The likely finished contour of the site, The vehicular access, circulation and parking, The landscaping proposed, and Any other matters to avoid remedy or mitigate any potential adverse effects on the environment. Within 20 working days of receiving the outline plan the territorial authority assesses the outline plan and may send a written request to the requiring authority for changes to it. No public comment is sought although the requiring authority has discretion to consult with members of the public in the preparation of its outline plan. The requiring authority can decide whether to accept or reject the changes of the territorial authority and must tell the territorial authority of its decision. The territorial authority can then appeal this decision to the Environment Court, should it be considered necessary, within 15 working days of being notified of the decision. The likely consent process for the identified land use scenarios are identified in Section 6 of this report /020 Beca Planning Page 12

17 4 The Consent Authorities In relation to Whenuapai any of the approval processes identified in the above sections would involve the following consent authorities. 4.1 Resource Consent Waitakere City Council and Auckland Regional Council are the consent authorities responsible for the processing of any applications for resource consent within the area of Whenuapai Air Base. These consent authorities may decide to appoint independent hearings commissioners to make a recommendation on the application for the Council to adopt. Independent commissioners are usually appointed where the Council has a conflict of interest or requires specialist technical assistance to consider an application. In the case of applications of national significance the Minister of the Environment has the power to call-in an application for resource consent. This entails the appointment of a Board of Inquiry to hear the issues and to consider public submissions and other information relevant to the proposal. The Board then makes a recommendation to the Minster who makes the final decision. Applications of a national significance are generally considered to be proposals that have aroused public concern, may affect more than one region, may result in irreversible changes to the environment or may affect any structure or area of national significance. 4.2 Plan Change The Waitakere City Council is responsible for making the decision on a private plan change or Council Plan Change to the District Plan. As with the resource consent process, independent commissioners may be appointed to make a recommendation on the application if the Council is conflicted out or requires specialist technical assistance. 4.3 Designation The requiring authority which may be the territorial authority (Waitakere City Council) is responsible for approving any new or alterations to existing designations within the District Plan. It is noted that the territorial authority provides a recommendation to the requiring authority rather than a decision and must provide reasons for its recommendation. A requiring authority has financial responsibility for the work. In terms of the Act, Ministers of the Crown and territorial authorities, such as Waitakere City Council, are requiring authorities. Network utility operators such as transport or infrastructure providers can also be requiring authorities e.g. Tranz Rail, Transit New Zealand /020 Beca Planning Page 13

18 5 Likely Inputs to the Processes The likely specialist/technical inputs and investigations necessary to support any of the chosen processes are outlined below. The range of specialist input necessary for each process and land use is broadly similar, however the issues that will need to be addressed will be based on the specific detail of the particular proposal. These inputs will help to inform the AEE, plan change process or notice of requirement and will ensure a thorough assessment of the likely effects of any proposal. 5.1 Commercial Airport The likely specialist/ technical inputs and investigations necessary to support the establishment of a commercial airport include the following: Legal representation; Planner; Airport planner; Acoustic engineer; Traffic engineer; Landscape/Visual amenity specialist; Economic analyst; Cultural specialist; Geotechnical engineer; Stormwater engineer 5.2 Urban Use/Non Commercial Airport Land Use The likely specialist/ technical inputs and investigations necessary to support the establishment of an industrial development include the following: Property consultant Planner Legal representation Transport Engineer Economic analyst Geotechnical Engineer Landscape Architect Acoustic Engineer Cultural/Archaeological /020 Beca Planning Page 14

19 Hydrological engineer /020 Beca Planning Page 15

20 6 Likely Consenting Process for Identified Land Use Scenario Identified below are the consent processes we consider are likely for the identified scenarios of the site being developed as a commercial airport or for an urban use/non commercial airport use. 6.1 Commercial Airport Based on our experience, and the typical District Plan provisions that apply to airports generally, it appears that designating the site for commercial airport purposes is an appropriate consent process to establish a commercial airport. The requiring authority is the body that has financial responsibility for the project. Any activity is permitted on the site if it is in accordance with the designation and accompanying conditions. The scope of the designation is defined in the description of the designation in the District Plan (i.e. airport use for defence purposes). A designation for an airport would generally allow for a broad range of airport activities to be undertaken on the site and provide flexibility for them to change over time. While a requiring authority may still submit an outline plan for any works undertaken on the site to Council (who may request changes), this process does not provide an opportunity for any further public submissions. Therefore, a designation would provide a reasonable level of certainty for an airport operator. The designation also allows the requiring authority to acquire land under the Public Works Act. However, a designation may restrict the nature of non-airport activities, on or adjacent to the site, to those anticipated and assessed at the time of designation (and subject to any outline plan submitted). Regional consents would also need to be sought if the site became designated for a commercial airport use. A Plan Change could establish an airport zone. Under an airport zoning in the District Plan, it is likely that activities on the site would be permitted if they comply with the relevant rules in the Plan. These rules would be based on the level of effects generated, e.g. noise level, traffic generation. The status of the activity, (e.g. permitted, controlled, discretionary or non-complying activity), and the need for a resource consent would depend on whether the activity meets the relevant rules in terms of the level of effects it generates. 6.2 Urban Use Non Commercial Airport Use Based on our experience and typical District Plan provisions relating to urban/non commercial airport use it appears that obtaining a plan change is an appropriate consent process to establish urban use/non commercial airport uses. This process would enable the applicant to provide all relevant information to Council including the Plan Change documents, including a Section 32 report, undertake consultation and provide other relevant information. On initiating the plan change and /020 Beca Planning Page 16

21 providing the Council adopts it as their own the notification, submission and hearing process would be the responsibility of Council to undertake and complete. The plan change would establish a zoning on the site that would facilitate the development of industrial activities and would enable the subsequent resource consent process to proceed more easily. 6.3 Shared Use It is noted that even the shared use of the air base for commercial use/defence force use would, in our opinion, require some form of planning approval (i.e. a change to the present planning provisions applying to the site). We consider the consenting process for such a change to be similar to those outlined for the other land use scenarios identified. Report Prepared By: Marian Hutchin/ Alistair Talbot Signed.. Report Reviewed By: Bryce Julyan Signed /020 Beca Planning Page 17

22 Appendix 1 Resource Consent Process

23 Appendix 1 : Resource Consent Process Appendix 1 : Resource Consent Process Preparation of application & AEE months (est.) Application for Resource Consent & Assessment of Environmental Effects submitted to Council This allows for consultation, specialist studies and background reporting to be undertaken and assumes no work on these matters has already been undertaken. D Processed as a Non- Notified Application if notification not deemed necessary 20 working days Council determines whether notification of the application is required under S.94 of the Act Further information may be requested and until Council receives a response the R application is on hold A F If notification is considered necessary the application is publicly notified 20 working days Submissions Received Hearing requested or Council considers it necessary 25 working days Hearing Held Council decision (consent granted/refused) made in writing with reasons/conditions 15 working days Objection if any lodged under S.357 of theact 15 working days T 15 working days Appeals if any to the Environment Court Resolution of appeal 6-18 months (est.) Can appeal decision to High Court on points of law Can appeal decision to Court of Appeal on points of law /020 Beca Planning

24 Appendix 2 Private Plan Change

25 Appendix 2 : Private Plan Change Process Appendix 2 : Private Plan Change Process Preparation of Private Plan Change months (est.) Request lodged for Private Plan Change This allows for consultation, specialist studies and background reporting to be undertaken and assumes no work on these matters has already been undertaken. D Request may be modified by Council Reject the request 15 working days 20 working days 15 working days Local authority may request additional information within 20 working days R Local authority considers the request and can: Adopt the request in whole or in part Plan Change must be notified within 4 months of adopting the request Request has effect once it has been publicly notified Follows normal Council plan change procedures 30 working days A Can appeal to Environment Court within 15 days Accept the request in whole or in part Local authority prepares changes in consultation with the requester F Local authority can decline the change, approve it or approve it with modifications 15 working days 15 working days 15 working days T Resolution of appeal 6-18 months (est.) Local authority may commission a report Convert to a resource consent Normal resource consent process applies Can appeal decision to High Court on points of law Can appeal decision to Court of Appeal /020 Beca Planning

26 Appendix 3 Plan Change Process

27 Appendix 3 : Plan Change Process Appendix 3 : Plan Change Process Preparation of Proposed Plan Change months (est.) Proposed Plan Change and S.32 Report prepared by Council This allows for consultation, specialist studies and background reporting to be undertaken and assumes no work on these matters has already been undertaken. D Public Notice of Proposed Plan Change Public notification of availability of summary of submissions R Hearing held if needed Public notification of all decisions Referral to Environment Court 20 working days 20 working days A 30 working days Submissions received Further submissions can be made Decisions with reasons served on those who made submissions F Proposed Plan Change is deemed to have been amended T Court conducts Hearing Local authority gives effect to Environment Court directions Resolution of appeal 6-18 months (est.) Directions may be appealed to High Court on points of law Can appeal decision to Court of Appeal /020 Beca Planning

28 Appendix 4 Designation Process

29 Appendix 4 : Designation Process Appendix 4 : Designation Process Preparation of notice of requirement months (est.) Territorial Authority receives notice of requirement This allows for consultation, specialist studies and background reporting to be undertaken and assumes no work on these matters has already been undertaken. Requiring D Authority status confirmed Hearing held if requested R or if Council considers it necessary Territorial Authority publicly notifies Notice of Requirement 20 working days Submissions received Territorial Authority makes recommendation to Requiring Authority 30 working A days Requiring Authority makes decision and advises Territorial Authority 15 working days Decision appealed to Environment Court Decision may be appealed to High Court on points of law Decision may be appealed to Court of Appeal Resolution of appeal 6-18 months (est.) F Territorial Authority notifies submitters and landowners of Requiring Authority s decision T Territorial Authority puts designation in District Plan /020 Beca Planning