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Maitahi/Bayview residential development

The Maitahi Bayview private plan change request was lodged with Council on 16 April 2021.

Process

The application documents (a private plan change request),  reports, and requests to the applicant for any further information can be found here: NRMP Plan Change – Maitahi  Bayview Plan Change 28.

Council will be regularly updating the information it receives.

  1. The application will proceed under Schedule 1 of the Resource Management Act which includes public notification. Once the application is formally notified any person may make a submission.
  2. See more information about private plan changes and how they are processed.

 

Latest update - 17 September 2021

On Thursday 23 September 2021, Council will consider the private plan change request submitted by CCKV Dev Co LP and Bayview Nelson Limited for Maitahi Bayview. The private plan change request seeks to rezone approximately 287 hectares of land located within Kaka Valley.

Read the report as part of the Council agenda (665KB PDF).

Under the Resource Management Act 1991 (RMA), anyone may request a change to a district plan (or regional plan), and Council must consider how that request will be dealt with.

The only options available to Council at this stage under the RMA are to:

  1. Reject the request – there are only limited grounds on which a private plan request can be rejected.
  2. Accept the request – council accepts the private plan change request, and it proceeds through the normal submission and decision process as a private plan change.
  3. Convert the request – this option would mean that the private plan change request is dealt with as if it were an application for a resource consent.
  4. Adopt the request – If Council decides to adopt the plan change, it is then treated as a Council plan change, and it proceeds through the normal submission and decision process as if it were a Council initiated plan change.

Council officers have recommended that the private plan change request is accepted for processing. If elected members agree to accept the request for a private plan change, the application will continue as a private plan change, and it will move to be publicly notified, and the public will have the opportunity to make submissions on it.

A Council decision to accept the private plan change request is not a full merits assessment or a substantive decision of the plan change and whether it is appropriate under the RMA. This consideration occurs as part of the Commissioner hearing on the plan change, following public notification and consideration of submissions. The recommendations from the commissioners then come back to Council for a final decision. Under this option, all costs associated with the plan change are borne by the person making the request, in this case CCKV Dev Co LP and Bayview Nelson Limited.

If elected members decide to accept the request, this allows the applicant the ability to have the request tested and considered against the RMA requirements it also allows the community, iwi and relevant stakeholders to participate in that process.

In terms of the other available options:

  • Council officers consider that converting the request to a resource consent is not appropriate resource management practice as the Nelson Resource Management Plan zone provisions would not support the outcome sought by the private plan change, and the proposal is not in a form that would enable it to proceed through a resource consent process. It is considered that this approach provides no benefit to either the applicant or the community.
  • Council officers consider that there are no benefits from adopting the private plan change request. Generally, Council would only consider this option for reasons such as the private plan change request has substantial community benefit and involves a complex issue or a number of landowners that would benefit from Council coordinating the plan change process.
  • The option for Council to reject the request is limited by the RMA to five specific grounds in Clause 25(4) of Schedule 1 of the RMA:
    • the request or part of the request is frivolous or vexatious; or
    • within the last 2 years, the substance of the request or part of the request has been considered and given effect to, or rejected by, the local authority or the Environment Court; or has been given effect to by regulations made under section 360A; or
    • the request or part of the request is not in accordance with sound resource management practice; or
    • the request or part of the request would make the policy statement or plan inconsistent with Part 5; or
    • in the case of a proposed change to a policy statement or plan, the policy statement or plan has been operative for less than 2 years.

Council officers consider that none of these grounds are met, and there are no RMA grounds to reject the private plan change request. 

The Council meeting will be available to watch via the Nelson City Council YouTube broadcast from 9am on Thursday 23 September.