Why has the District Plan been renamed the City Plan?
In 2004 Tauranga's population reached 100,000 people and became a "city". The name change reflects that Tauranga is no longer a "district".
What legal effect does the Proposed City Plan have?
Sections 86B to 86G of the Resource Managemnt Act 1991(RMA) set out when plan rules take effect.
Section 86B of the RMA provides that rules in proposed plans do not have legal effect until after decisions have been made on submissions and publicly notified. The specified exceptions to this which are relevant to the Proposed City Plan, are when:
- the rule protects or relates to water, air, soil (or soil conservation purposes); protects areas of significant indigenous fauna; or protects historic heritage, or provides for or relates to an aquaculture management area (Section 86B(3) provides that these categories of rules are of immediate legal effect, i.e. from the date of notification of the applicable proposed plan); or
- an Environment Court order, on an application by the Council under section 86D, allows any other rule in a plan to have legal effect from a different date.
The existing Operative District Plan continues to have legal effect until the Proposed City Plan becomes fully operative - which will happen once all appeals have been resolved.
In the meantime it is necessary to comply with both the Operative District Plan and the rules of the Proposed City Plan (other than rules which do not have legal effect) as sections 86B to 86G of the RMA do not limit or affect the weight that Council as consent authority gives to objectives, policies, and other issues, reasons or methods in plans before the the Proposed City Plan becomes operative.
Section 86E of the RMA requires a local authority to clearly identify any rule in a proposed plan that has legal effect from a date other than the date on which the decision on submissions relating to the rule is made and publicly notified.
In this regard the Council resolved that the provisions of the Proposed City Plan relating to the protection of areas of significant indigenous vegetation, the protection of significant habitats of Chapters 5 and 7 of the Proposed City Plan, and earthworks relating to archaeological sites and significant Maori sites, are identified as having immediate legal effect from the date of notification (17 October 2009). This includes the earthworks provisions of Chapter 4 referenced from Chapters 5 and 7.
What happens after the submission and further submission period closes ?
Council will arrange the hearing of all submissions and further submissions received and will publicly notify the dates, times and places of the hearing. A Proposed Hearing Schedule has been prepared. Following hearings, the Hearings Panel will make a recommendation to the Council. The Council will then issue its decision on each submission including reasons for accepting or rejecting submissions. Any person who made a submission has a right to appeal the Council's decision to the Environment Court
What is a City Plan?
The Council is required to write and produce a City Plan. The City Plan provides the rules for how people can build or develop the land they own. This can be land that is residential, commercial or industrial. It also includes rules on other things that are covered by the Resource Management Act – including land use, hazards, signage, reserves, noise and heritage, etc
What issues does the City Plan deal with?
The City Plan deals with issues such as:
- Residential, commercial and industrial development – where this may go, requirements for establishing these forms of development, and the extent of these opportunities.
- The development of reserves and the management of the natural environment
- The subdivision of land
- The implications for land use of natural hazards and controls over hazardous substances and noise and
- Many other issues including heritage matters, signage, the landscape, future growth areas, and the protection of amenity.
The City Plan Review is the investigation of how these and other resource management issues are addressed.
What is a City Plan Review?
Once completed a City Plan generally have a life of about 10 years before needing to be revisited. The Resource Management Act (RMA), requires that every Council must review its City Plan within 10 years of the Plan becoming operative.
Why is the City Plan being reviewed now?
Our City Plan is being reviewed earlier than expected because there are changes needed now to reflect the needs of our rapidly growing city.
What is being reviewed?
All chapters of the current District Plan are being reviewed.
Who is the review likely to impact on?
If you own land, live, work, play in or visit the City of Tauranga then the review of the City Plan will impact on you.
Are other local authorities reviewing their District or City Plans?
A number of local authorities have either started, or are considering, reviewing their City or District plans. Tauranga City is reviewing its District Plan at the same time as the Western Bay of Plenty District Council . This provides an opportunity for working together.
What is the review process?
The review process is a detailed investigation which will take a long time to complete properly. The general process is outlined here
How will the community be involved in the process?
The community will be involved in the process of the City Plan Review in several stages. If you are particularly keen to get information about the City Plan Review, then please invite yourself onto our database by completing a form here This is your opportunity to shape the future of our places, our homes and our communities.
How will Council communicate the Review process?
The ways we will communicate with you include:
- Regular updates on this website and the ability here to discuss issues in the open forum and make submissions if you would like to.
- Newspaper and radio advertising to keep you informed of progress
- A newsletter
- Public forums and displays eg at the Homeshow.
This is an important project at an important time in the evolution of our City, and the participation of the community is a valuable part of the process.