ARTICLE
1 October 2021

Waimakariri proposed District Plan notified

CL
Cavell Leitch

Contributor

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While a lengthy review process is underway, the current (or operative) Waimakariri District Plan remains in force.
New Zealand Real Estate and Construction
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On Friday 24 September 2021 the Waimakariri District Council (Council) notified its Proposed District Plan (WPDP). [https://www.waimakariri.govt.n...]

The period to make submissions on the WPDP closes at 5:00pm on Friday 26 November 2021.

This WPDP is the product of a lengthy review process that commenced in 2016 and will replace the current (or operative) District Plan once submissions and further submissions have been received and decided on, and any appeals have been resolved.

While that process is underway, the current District Plan remains in force.

However, some provisions in the WPDP will have immediate legal effect, meaning that while they remain subject to submissions and could change, until any such decision is made, they will be treated as having legal effect and given weight in any consenting decisions. These include provisions affecting:

  • Historic Heritage
  • Sites and Areas of Significance to Maori
  • Ecosystems and Indigenous Biodiversity
  • Natural Character of Freshwater Bodies
  • Notable Trees
  • Subdivision
  • General Rural Zone

Of some note, the Council applied to the Environment Court for the minimum lot size in the proposed general rural zone (20ha) to take immediate effect. Primarily this was done to prevent what is sometimes termed a "gold-rush" of applications to subdivide to the operative/current minimum of 4ha. It is understood that any new applications applying that standard would be non-complying activities.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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ARTICLE
1 October 2021

Waimakariri proposed District Plan notified

New Zealand Real Estate and Construction

Contributor

It’s our mission to deliver New Zealand’s best legal experience. This isn’t just about our expertise but about the way we deliver it. We understand that legal matters can be confusing, stressful and scary so we try our hardest to simplify the process, listen to your needs and deliver timely, transparent advice.
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