Plan Change 17
Enner Glynn and Upper Brook Valley Re-zoning and Structure Plan
Publicly notified 25 September 2010
OPERATIVE 09 SEPTEMBER 2013
At its meeting on 29 August 2013 Nelson City Council resolved to make Proposed Plan Change 17 operative, following resolution of appeals and ensuing Environment Court Consent Order. The Consent Order can be viewed at the "Documents and Downloads" section at the bottom of the page.
Decisions were notified on 30 June 2012. One appeal was lodged with the Environment Court from Gibbons Holdings Limited and Fulton Hogan Limited. The appeal sought the flowing relief:
- Delete Rural Zone - Higher Density Small Holdings area.
- Delete indicative walkway/cycleway where in close proxmity to quarry.
- Specifically recognise and protect quarry operations in Plan - including 500m buffer area.
The only affected provisions of Plan Change 17 are those that are subject to appeal, all other proposed provisions (those not subject to appeal) must now be “treated as operative” under RMA s86F.
The full Notice of Appeal is available for download from the “Documents and Downloads” section below. No others sought to be party to proceedings under s274 of the Resource Management Act 1991.
Submissions, Hearing and Decisions
Plan Change 17 was publicly notified on 25 September 2010. Submissions closed on 3 December 2010 and 20 submissions were received. A summary of submissions was publicly notified on 22 January 2011 and further submissions closed on 4 February 2011 (12 received).
Council engaged an Independent Commissioner to hear and make decisions on submissions to Plan Change 17. A hearing was held on 13 and 14 December 2011 and the Commissioner’s decisions were received by Council. Decisions were publicly notified on 30 June 2012.
The decisions were to adopt the plan change as notified with the following changes:
- include a restricted discretionary activity step in the biodiversity corridor rule for reductions in the width of the corridor;
- reference to Maori cultural values in Biodiversity Corridors;
- wording changes to definition and explanatory text for Biodiversity Corridors;
- increased recognition of the potential impact of increased public access on legitimate rural activities;
- reduced extent of Rural Zone – Higher Density Small Holdings area and associated Services Overlay around the Brook Saddle;
- changes for consistency with operative Plan Change 13 ‘Marsden Valley’ provisions.
The full decisions document can be downloaded from the Documents and Downloads section below.
The main features of the Plan Change are:
- New areas of Residential Zoning identified;
- Increased areas of Rural Zone – Higher and Lower Density Small Holdings in Enner Glynn Valley;
- Rural Zoning retained in Upper Brook Valley, and above the Landfill and York Valley Quarry;
- A network of walkway/cycleways, future roads and biodiversity corridors provided through a structure plan;
- Landscape, Services, Land Management, Fault Hazard and Riparian Overlays revised;
- Properties in Marsden Valley that were not included in Plan Change 13 are included here to ensure zoning is consistent.
Documents and downloads
- Public notice of proposed plan change (29KB PDF)
- Proposed plan amendments - Plan Change 17 (1.4MB PDF)
- Section 32 Report - Plan Change 17 (196KB PDF)
- Public Notice inviting further submissions (25KB PDF)
- Summary of Decisions Requested (1.1MB PDF)
- Officer's (s42A) Report (7.6MB PDF)
- Public notice of decisions (26KB PDF)
- Decisions report (12MB PDF)
- Notice of Appeal: Gibbons Holdings Limited and Fulton Hogan Limited (9.7MB PDF)
- Signed Consent Order - August 2013 (950KB PDF)
- Public Notice of Operative Date (219KB PDF)
For more information contact the Planning Adviser +64 3 546 0295