Plan Change 20

Plan Change 20: Rural Subdivision


Status: Appealed to Environment Court

Publicly Notified: 10 January 2009

Submissions Closed: 27 February 2009

Summary of Submissions Notified: 26 March 2009

Further Submissions Closed: 27 April 2009

Hearing Details: Hearing held on 17, 18, 19 August 2009 and 4 September 2009

Decision Adopted by Council: 3 February 2010

Adopted Decision Publicly Notified: 17 February 2010

Plan Change Description
Plan Change 20 seeks to address the existing rural subdivision provisions in the District Plan. 

The existing rural subdivision rules have been part of the Horowhenua District Plan since September 1999.  Since then, Horowhenua has experienced a steadily increasing number of rural subdivision applications, and in more recent years an increasing number of large scale rural subdivisions.

The current rural subdivision rules are based on soil classification. In areas of “highly versatile soils” (classified as LUC Class I and II) the subdivision rules are based on the size and date of the Certificate of Title of the property being subdivided. In areas of “non-highly versatile soils” (classified as LUC Class III – VIII), the subdivision rules are based on a minimum lot size of 2,000m2.

The current rural subdivision rules for Horowhenua, in comparison to other adjoining districts, are relatively flexible, but are not fully effective in ensuring the protection of environmental values or well designed subdivisions.

The current rules effectively apply a ‘one size fits all’ approach.  For example, the subdivision rules are the same for properties north of Foxton as they are for properties south of Manakau even though these areas have quite different characteristics and values.  The current rules have resulted in increasing amounts of rural-residential development creating a tension between those relying on the productive capability of the rural land and those who choose to live in the rural areas. In addition, subdivision can result in changes to the rural character and amenity values, which is a valued part of the Horowhenua’s identity.

Submissions
The first phase of public submission on Plan Change 20 closed on 27 February 2009 with over 60 submissions received.  These submission have been collated in the Summary of Submission reports below.

 Summary of Submissions - Plan Change 20 (PDF, 391 KB)
 Full Submissions - Plan Change 20 (PDF, 5.02 MB)

Further submissions on Plan Change 20 closed 27 April 2009, with 13 submissions received.  If you wish to view copies of the further submissions received please contact the Council Planning Department to arrange this.

Hearing
The hearing for Plan Change 20 was held on 17, 18 , 19 August 2009 and 4 September 2009.  The Hearing Panel has issued the following minutes in relation to this hearing:

 Minute 1 (20 August 2009) (PDF, 12 KB)
 Minute 2 (8 September 2009) (PDF, 14 KB)

Decision
The Hearing Panel, consisting of three Commissioners, has made recommendations on all the submissions received.  These recommendations were presented at the Council meeting held on 3 February 2010.

At this meeting the recommendations of the Commissioners were adopted in full by Council.  The adopted decision was publicly notified on 17 February 2010.

 Plan Change 20: Adopted Decision Report  (PDF, 1 MB)
 Plan Change 20: Adopted Decision Appendix (PDF, 3 MB)

A track changes version of Plan Change 20 has been prepared to assist with identifying the changes that have been adopted since the plan change was first notified.

 Plan Change 20: Plan Text and Map Amendments as Adopted (PDF, 3 MB)

Submitters had 30 working days from being notified of the adopted decision to lodge an appeal with the Environment Court. 

Three appeals have been lodged with the Environment Court in relation to the decision on this plan change. 

Public Notices & News Items
10 Jan 2009 - Notification of Proposed Plan Changes 20 & 21
10 Jan 2009 - Public Notice - Plan Change 20 & 21 (PDF, 79 KB) 
17 Feb 2009 - Submissions Close Soon on Proposed Plan Changes
28 Feb 2009 - First Phase of Public Submissions Close on Proposed Plan Changes
26 Mar 2009 - Further Submissions Called on Plan Changes 20 & 21
26 Mar 2009 - Public Notice - Summary of Submissions on Plan Changes 20 & 21 to the Horowhenua District Plan
26 Mar 2009 - Further Submissions on Plan Changes Close Soon
28 Apr 2009 - Further Submissions Close on Plan Changes 20 & 21
13 July 2009 - Dates Set for Plan Change Hearings
6 Aug 2009 - Council Appoints Commissioners for Plan Changes 
17 Feb 2010 - Public Notice - Adoption of Decisions on Submissions on Plan Changes 20 & 21 


Related Documents
 Information Brochure - Plan Change 20 Rural Subdivision (PDF, 479 KB)
 Proposed Plan Change 20 Rural Subdivision Section 32 Report (PDF, 219 KB)
 Proposed Plan Change 20 Rural Subdivision Plan Text and Planning Map Amendments (PDF, 381 KB) 
 Landscape Planning Map 38 (PDF, 349 KB)
 Landscape Planning Map 39 (PDF, 339 KB) 
 Horowhenua Rural Subdivision Design Guide - January 2009 (PDF, 2 MB) 
 Section 42A Report - Proposed Plan Change 20: Rural Subdivision - July 2009 (PDF, 1 MB)

Reference Documents
 Environmental Guidelines for Rural Living - Kapiti & Horowhenua (2001) (PDF, 3 MB)
 Landscape Assessment of the Rural Environment of the Horowhenua District (October 2008) (PDF, 1 MB) 
 The Impact of Rural Subdivision and Development on Landscape Values (July 2000) MFE (PDF, 1 MB)

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