Proposed Plan Change 11

Minor Earthworks

Overview of Proposed Plan Change 11

While completing research on the management of residential infill development, a review of resource consents for new residential development identified that fill under proposed buildings and building extensions, were often triggering the requirement for resource consents. These resource consent applications have been identified as being unnecessary as the stability of fill under buildings is addressed through the building consent process, and the management of silt and sediment for these minor earthworks is effectively controlled through a Council Bylaw.

However, it was also noted that few land use consents lodged for applications involving earthworks provided an earthworks management plan with the application. This type of plan is often required as part of a request for "Further Information", or by conditions of consent. It is considered more appropriate that this management plan be submitted as part of the resource consent application. This means that the mechanisms to manage silt and sediment potentially resulting from the proposed earthworks, are planned at the same time that the actual earthworks are being planned.

Proposed Plan Change 11 has been prepared as a result of this review of land use consent applications involving earthworks.

The primary objectives of this proposed plan change are:

to reduce the number of unnecessary resource consents lodged with Council associated with minor earthworks involving fill under proposed buildings and building platforms; and
to improve the management of earthworks, for activities requiring land use consent for earthworks, by requiring an earthworks management plan be submitted as part of the land use consent application.

Proposed Plan Change 11 seeks to remove the need for unnecessary consents for minor "fill" earthworks under proposed new building platforms; while mandating that an earthworks management plan be lodged with land use consent applications triggered by not meeting earthworks rules and standards.

The proposed plan change amends the operative District Plan by:

Amending the Earthworks Permitted Activity Standard for earthworks beneath proposed buildings in the City Centre Zone (D1), Industrial Zone (D2), Business Park Zone (D2A), Suburban Zone (D3), and Rural Zone (D4);
Amending the Discretionary Application Information to be Required section (F7.4), by adding the requirement that an earthworks management plan shall be submitted to Council with all resource consent applications involving earthworks.

Statutory process

Proposed Plan Change 11 –Minor Earthworks and its supporting assessment under section 32 of the Resource Management Act 1991 was approved for notification by Council on 16 September 2009. The proposed Plan Change was publicly notified on 29 September 2009.

Public submissions on Proposed Plan Change 11 will close at 5pm, Friday 20th November 2009.

After the closing date for submissions, Council will prepare a summary of all submissions received. Council will then publicly notify the availability of this summary and where it can be inspected. This further public notice will also be sent directly to all persons who made a submission. Any person may then make a further submission in support or opposition to an existing submission.

Council Officers will then consider the proposed plan change and prepare a report, which will include a recommendation. The report will be made available for downloading on this page and will be posted to all submitters.

The hearing for Proposed Plan Change 11 –Minor Earthworks, will be scheduled once the Council Officer’s report is made available.

Following the hearing the Hearings Panel will consider the proposed plan change, Council Officer’s report and all the submissions. The Hearing Panel will then make its recommendations to the Council, which includes the reasons for accepting or rejecting any submissions.

The Council will then make its final decision on Proposed Plan Change 11 and submissions received. Submitters will be notified of that decision.

Any submitter can then appeal these decisions to the Environment Court within the statutory time period allowed under the Resource Management Act 1991.

Making a Submission

Any person may make a submission on Proposed Plan Change 11 –Minor Earthworks.

You may do so by sending a written submission to Porirua City Council using one of the following three options:

Posted to: “PPC11 – Minor Earthworks”, Strategy & Planning Group, Porirua City Council, PO Box 50-218, PORIRUA CITY; or
Faxed to: (04) 237 1445, Attention “PPC11 – Minor Earthworks”; or
Delivered to: Ground Floor, Council Administration Building, Cobham Court, Porirua City, marked “Attention: “PPC11 – Minor Earthworks”, Strategy & Planning Group”.

Submission forms are available from those places where copies of proposed Plan Changes 11 may be inspected. Forms can also be downloaded from this site.

For further information or any enquiries, please contact:

Proposed Plan Change 11- Harriet Cruden, (04) 2371495 or email hcruden@pcc.govt.nz