Making a Submission
What is a Plan Change?
What is a submission?
What is a Further Submission?
Should you make a submission?
Is there a cost to make a submission?
How do I make a submission?
Tips on making an effective submission
How should I send my submission
What happens once I have made a submission?
Want to know more about making a submission or the plan change process?
A Plan Change is when a Council makes a change to its existing District Plan. Plan changes can cover a wide range of matters including anything from changes to the zoning of land to changes to the wording of rules and policies. Plan changes can be initiated by the Council or by members of the public (Private Plan Changes). The Resource Management Act requires Councils to follow a formal process to undertake a plan change which involves publicly notifying any plan change to enable submissions to be made.
Your formal comment on a plan change is known as a submission. Anyone can make a formal submission on a plan change. A submission gives your views on the whole or parts of the proposed plan change. Making a submission is one of the main ways you can influence the future management of the environment in your area. You do not need to be an expert, you just need to have a relevant point of view. A submission can be made in support, and/or opposition to a plan change. It is also possible to make a neutral submission which provides information that you think the Council should consider when making its decision.
A submission provides evidence that must be taken into consideration when making a decision on the plan change or proposal. If a public hearing is held you are entitled to speak on your submission but do not have to.
The second phase of the public submission process for a Plan Change is the Further Submission phase. In this phase anyone has the opportunity to support or oppose any points raised in the original submissions made during the first phase. These comments are called Further Submissions.
In making a Further Submission you can refer to either the entire original submission or to particular points in the original submission. You may want to support some of the decisions requested and oppose others within the same original submission.
Further submissions can only be made in support of, or in opposition to, points raised in the original submissions. Any submission you make must include your reasons why you support or oppose the original submission. More information on Further Submissions is available here.
In order to decide whether or not to lodge a submission you will need to understand what the proposed plan change involves and how it might affect you, your property or your wider interests.
The first step is to study the Plan change documents. Proposed Plan Changes can be very detailed, complex and cover a wide range of issues which may make it a bit overwhelming to read particularly if you are not a regular District Plan user. It is best to start out with a clear idea of the issues which are likely to be of concern to you. Ask yourself what will the plan change mean in practice.
You may want to ask Council’s Planning Officers to help you understand what parts of the plan change are relevant to your interests. Alternatively you can seek professional advice from a planning consultant or other specialist. Some professionals will be able to act on your behalf and can help you make a submission and/or attend the hearing for you.
Don’t forget to speak to your friends or neighbours about the plan change as you may be able to pool ideas, resources or even make a joint submission.
There is no charge for lodging a Submission or Further Submission on a plan change. You will potentially incur some costs if you obtain professional advice (eg: lawyers, planning consultants).
Hearings for plan changes are generally held at the Council Offices (126 Oxford Street, Levin) during office hours. This may mean that to attend the hearing you may find you need to travel to Levin and possibly take time off work. You do not have to attend or speak at the hearing but you are entitled to do so. You are also entitled to be represented at the hearing by someone else.
You must make your submission in writing (handwritten, typed or printed is acceptable) and follow the form set out in the Resource Management (Forms, Fees, and Procedure) Regulations 2003 (Form 5).
This form sets out all the required information that your submission needs to contain. If using the form please ensure you complete all sections of the form. If you choose not to use Form 5 then you need to make sure your submission includes the following information:
- The name and reference number of the Proposed Plan Change
- The name of the Council you are sending your submission to
- The specific parts of the proposed plan change your submission is about (state these in as much detail as possible)
- Whether you support or oppose the plan changes, whether you want amendments to the provisions and your reasons why
- The decision you would like the Horowhenua District Council to make
- Whether you wish to attend the public hearing
- Whether you want to speak at the public hearing
- Whether you would consider presenting a joint case with others who have made similar submissions
- Your full name, address, telephone and fax numbers, and email address (or if you have asked someone to act on your behalf their contact details)
- Sign and date your submission (unless submitting your submission electronically in which case a signature is not required)
To write a clear and effective submission :
- Stick to the facts – facts supported by evidence, not emotion is what the council will use when making decisions
- Be specific and provide examples Focus on the positive and negative environmental effects
- Tell the Council what you want – don’t leave the Council to guess
- Write in clear, simple, everyday language
- If handwriting a submission, please print clearly
Remember that if you speak at a hearing you’ll only be able to talk about issues that you included in your written submission. Your submission should avoid:
- Including personal feelings that you have about the Council or its officers
- Referring to issues or effects that are not related to the plan change
- Raising the issue of trade or business competition.
It is important that your submission is received by the Council before the closing date. Check the notification advertisement or with the Council to confirm the closing date if you are unsure.
You can ensure your submission is received by the Council by using any of the following methods
Deliver to: Horowhenua District Council Offices, 126 Oxford Street, Levin
Post to: Chief Executive, Horowhenua District Council, Private Bag 4002, Levin 5540
Fax to: (06) 366 0983
Email to: districtplan@horowhenua.govt.nz
Once your submission has been received by Council, an acknowledgement will be sent to you by email or post confirming that your submission has been received. After the closing date for submissions the Council will prepare a summary of all the submissions that have been received. The Council will then let you know when and where the summary of submissions is available for you to look at. Anyone is entitled to make a ‘further submission’ in support or opposition to another person’s submission.
Once the Council has received all the submissions and further submissions, Council Planning Officers will usually prepare a report that includes:
- A summary of submissions and further submissions
- An analysis of all the submissions and further submissions
- Recommendations about which parts of the plan change should be adopted, removed or modified.
Before the hearing is held, the Planning Officer’s report is sent to members of the hearing committee and to everyone who made a submission or further submission. A hearing is a formal meeting where submitters can present their submission directly to the Council. All hearings are open to the public.
You can speak at the hearing only if you have made a written submission, and told the Council that you want to speak at the hearing. The Council will advise you of the date and time of the hearing at least 10 days in advance.
The hearings committee (made up of councillors) will make a decision on the plan change after the hearing has concluded. A copy of the decision will be sent to all submitters. The Council will also publicly notify its decision.
As a submitter you will have the opportunity to lodge an appeal with the Environment Court if you are unhappy with the decision. Appeals are heard by the Environment Court.
The Ministry for the Environment website contains very helpful information on a range of planning matters including making submissions and the plan change process - see www.mfe.govt.nz/rma/public/plans/index.html, or alternatively the Council Duty Planning Officer can provide you with additional general information.