| What is a District Plan?
The Resource Management Act 1991
requires the Council to have a District Plan prepared in
terms of the First Schedule of that Act.
The purpose of a District Plan
is to help promote the sustainable management of natural
and physical resources.
The District Plan sets out the
resource management issues of the district. It contains objectives,
policies and methods to achieve integrated management of
the effects of the use, development, or protection of land.
It also provides for the control of the effects of the use,
development, or protection of land.
What is a Proposed District
Plan?
A proposed District Plan is the
version of the Plan made available for public submission.
This stage is reached after:
- public consultation
- compilation of a public record
of the action taken, documents prepared, and decisions
made on the issues, objectives, policies and methods within
the Plan.
- resolution of the council to
adopt the Proposed Plan, and to advertise its availability
for a set period, for public submission.
What is the Status
of the Proposed District Plan?
- It has legal effect
The Proposed Plan must be complied
with from 20 June 1998. It affects all properties in relation
to subdivision, use of land, and the development of land.
If your proposal does not meet the standard of the Proposed
Plan, you may need a resource consent from the Council.
- It works in tandem with
the Transitional District Plan
The existing plan comprising
six plan sections for Eyre, Oxford, Rangiora Borough, Hurunui,
Rangiora District and Kaiapoi continues to have legal effect
too. You must comply with its standards and requirements
or obtain resource consents. Any provision of the Transitional
Plan that is not carried into the Proposed Plan must be
complied with.
- It remains "proposed" until
made operative
A Proposed Plan can be subject
to significant changes as a result of public submissions.
Its provisions can be subject to legal challenge over quite
a period. Until all these challenges are resolved by either
Council decision or Court decision, the Proposed Plan can
not become operative. It can commonly take 3-5 years until
the Transitional Plan no longer has any role. A Proposed
Plan becomes operative by resolution of the Council. It
is usual for the Plan not to be made operative in sections
or parts.
Where has the Proposed Plan
Come From?
The Council began preparation
of the Proposed District Plan in 1992.
The District Plan Review began
with a research, survey and analysis programme that focused
on understanding the state of natural and physical resources.
A significant component of this work involved public consultation
- providing information to the
public
- surveying views of interested
people about a wide range of issues
- meetings with people in a wide
range of settings and locations
- preparing issues and options
papers.
At the same time a community long-term
view of the future was facilitated - Vision 2020.
Recently the Council has consulted
widely about ways and means to provide for and manage population
growth, and provide for business and retail development.
In March 1997, a Draft District
Plan was made public. Nearly 200 people commented on draft
proposals for resource management. Public meetings were most
useful in firming up proposals for the Proposed District
Plan.
A continuing programme of workshops
for Councillors has provided a means for detailed review
and analysis of preferred proposals.
The Proposed District Plan was
publicly notified on 20 June 1998. Public submissions can
be made until 11 September 1998.
What Happens After Submissions?
All the submissions are summarised.
Another advertisement will invite you to support or oppose
those submissions. Copies of all submissions will be available
for inspection at Council offices and libraries.
Hearing of Submissions
If you make a submission or a
further submission in support or opposition you will be notified
of when a Hearings Panel of the Council will listen to your
case. Hearings may begin in March 1999.
Decisions on Submissions
The Hearings Panel will make recommendations
to the Council on which submissions should amend the Plan,
which should not, and why. Each person making a submission
or further submission in support or opposition will receive
a letter setting out the Council's decision.
Appeals
If you disagree with the Council's
decision, you may appeal to the Environment Court to review
the decision. The Court may or may not confirm the Council's
decision. It can direct the Council to amend the Plan. Some
decisions of the Environment Court may be appealed to High
Court on questions of law. When submissions have been resolved,
the Plan is approved by the Council.
Operative District Plan
The Plan becomes the operative
District Plan for the Waimakariri District at the end of
this process. This will be publicly advertised in the newspapers.
The Plan has a life of ten years,
then it must be reviewed.
Need to Know More?
This publication is a guide only.
For more specific information speak to the Council's
planning staff.
|
