Proposed Plan Change 11

Minor Earthworks

Overview
Statutory Process
Documents
Enquiries

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

The proposed plan change and supporting assessment under section 32 of the Resource Management Act 1991 was approved for notification by Council on 29 September 2009.

Public submissions on the plan change closed on 20th November 2009. 8 submissions were received during this period. These submissions have been numbered 1 through to 8 in the order they were received in.

Council prepared a summary of decisions requested, and sought further submissions on this Proposed Plan Change. No further submissions were received.

Council Officers are currently considering the proposed plan change and preparing a report, which will include a recommendation on matters raised in submissions. The report will be available for downloading on this page in the future, 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.