Plan Structure & Tools

Plan, Structure & Tools

The following provides an overview of what this chapter is about and key outcomes. To view the chapter in its entirety please download the chapter from the attached pdf.

Introduction - Purpose of Plan

The Kaipara District Plan (the District Plan) provides the means for the people of the Kaipara District to manage sustainably the effects of use, development and protection of the natural and physical resources of the District. The Resource Management Act 1991 defines natural and physical resources to include “land, water, air, soil, minerals, and energy, all forms of plants and animals (whether native to New Zealand or introduced), and all structures”.

Sustainable Management

The purpose, function and contents of the District Plan are directed towards achieving the purpose of the Resource Management Act (defined by Part II), which is ‘to promote the sustainable management of natural and physical resources’.

Section 5 defines sustainable management as:

‘Managing the use, development and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic and cultural well being and for their health and safety while -

Sustaining the potential of natural and physical resources (excluding minerals) to meet the reasonably foreseeable needs of future generations; and
Safeguarding the life-supporting capacity of air, water, soil and ecosystems; and
Avoiding, remedying, or mitigating any adverse effects of activities on the environment’.

Sections 6, 7 and 8 of the Resource Management Act require specific duties of Council in sustainable management. Section 6 requires Council to recognise and provide for a range of matters of national importance, Section 7 identifies other matters which Council must have regard to, and Section 8 of the Resource Management Act requires Council to take into account the principles of the Treaty of Waitangi.

Integration of the Plan with other Plans and Documents

The Resource Management Act requires the integrated management of the environment. The District Plan is only one tool for the sustainable management of the Kaipara District and sits within a group of other plans and documents that work together to achieve the integrated management of natural and physical resources. Figure 1-1 demonstrates the relationships between the District Plan and other key documents. Each Plan or policy document which deals with the management of natural and physical resources is highlighted in Figure 1-1 in blue. Other Plans and Strategies respond to other functions and services provided by Council.

Figure 1-1: Relationship between Key Plans

The Kaipara District Plan

Philosophy of the Plan – Effects-Based

Section 31 of the Resource Management Act establishes the duty of Council to manage the effects of the use, development and protection of land and resources and how these effects or potential effects will be managed. The philosophy of this Plan is that it is the effects of an activity, rather than the activity itself, which will be managed. In response to this, the provisions of the District Plan seek to take an effects-based approach, particularly through the specification of standards which are considered to define the acceptable level of potential environmental effect. Priority is given to managing (including monitoring) the effects of activities that have the greatest potential adverse effects on the environment. On this basis, the status of an activity is determined largely by either its compliance with the standard or the level of non-compliance.

Structure of the District Plan

This District Plan is prepared in five parts:

Part A – District Wide Strategy

This Part introduces the District Plan, comments on its structure and use, and identifies significant resource management issues responded to through the District Plan. This Part contains strategies which provide direction to enable future residential and business development and recognise the importance of natural and physical resources. This Part identifies the objectives and policies which apply to the use of natural and physical resources of District or National significance and provides for these across the District. The methods in these Chapters are implemented either by non-statutory mechanisms or by rules in Part B (the Zone Chapters) of this Plan. This Part also provides definitions of terms used in the District Plan.

Part B – Land Use

This Part identifies the objectives, policies and rules which apply to the Zones (and Environmental Overlays) mapped in the District. The District has a number of Zones which are managed according to the different land use and environmental outcomes being sought. Management in these areas reflects this sensitivity, and the ability of the District Plan to avoid, remedy or mitigate potential adverse effects on these values.

Part C – Sites, Features and Units

This Part contains the objectives, policies and rules which relate to specific sites or areas of the Kaipara District. These sites or areas may occur across Kaipara, irrespective of Zones. Generally the provisions of Part C modify the opportunity to generate particular effects, where these are likely to have a negative environmental impact on a particular value of a site or area scheduled in Part C.

The provisions and rules of this Part of the District Plan must be complied with, in addition to the relevant underlying Zone or Overlay rules. Furthermore, provisions specified in this Part have precedence over provisions in Part B.

Part D – Other

This Part contains information referred to throughout the District Plan, including detail on other methods such as financial contributions and monitoring. This Part includes information on methods outside the District Plan or other non-regulatory methods, which have been identified to achieve the outcomes.

Part E - Maps

This Part provides two map series. Series 1 relates to Part B of the Plan (Land Use), and Series 2 relates to Part C (Sites, Features and Management Units). In addition to the two map series, this Part contains Appendices to the District Plan Maps, including maps which relate to all Parts of the District Plan.

Structure of Each Chapter

The structure of the individual Chapters of the District Plan is generally summarised as follows:

Introduction / Resource Description

Briefly describes the resources and matters addressed in the Chapter of the District Plan.

Resource Management Act Requirements/Legislation

Briefly describes the legislative context of the Chapter, if this contributes to understanding the management direction of the Chapter.

How to Use this Chapter of the District Plan

Provides users of the District Plan with a guide to the Chapter and its relationship to other Chapters of the District Plan.

Growth Beyond Zoned Areas

Provides an overview of how Council envisages growth and development of residential and business zones in the District. This section is only in the Zone Chapters.

Issues
Summarises the resource management issues facing the District, which are to be responded to in the District Plan.

Objectives
Sets the direction Council has taken in response to the management issues and the outcomes it is seeking through the District Plan.

Policies
Defines the effects-based course of action that Council is taking to achieve the objectives being sought by the District Plan.

Methods
Outlines how the policies will be implemented. The methods are explanatory only and are either regulatory (e.g. rules) or non – regulatory (e.g. guidelines and financial contributions).

Outcomes
Indicates the anticipated results.

Rules, Performance Standards and Assessment Criteria

Provides the mechanism to determine whether the effects of an activity make that activity permitted, controlled, restricted discretionary, discretionary or non-complying. Includes the performance standards and terms that must be complied with for land use and subdivision and relating to other resource matters (e.g. heritage, natural environment, transportation). Also includes Assessment Criteria which Council will consider to assess the effects of any activity requiring consent.

How to Use this District Plan

Throughout the District Plan, text has been provided in green with a distinctive type-face. This text is provided for explanation and commentary in plain, easy-to-understand language on the provisions of the District Plan. It is intended that this text provide a clearer understanding of the District Plan. However, it does not form the District Plan nor is it part of the mandatory requirements of the Plan. It is not intended to be used in place of District Plan itself. In any case of ambiguity between this text and the District Plan, the text of the District Plan takes precedence.

The intention of this District Plan is that you can determine which Chapter of the District Plan is most relevant to you and then largely only refer to that Chapter. For example, if your property is in the ‘Rural Zone’ you should be able to look at that Chapter only, to determine whether your proposed activity is permitted or if you need a resource consent. All policy elements and rules applying to that particular Zone (and any Overlays) are contained in each Chapter and these can be read without having to cross-reference to other parts of the District Plan (other than planning maps).

An exception to this will be if your property also has a specific site, feature or unit identified on it. In this case, Part C of the District Plan will also be relevant.

Another exception to this will be if you do require resource consent for a discretionary or non-complying activity or you are seeking a Change to the Plan. In these cases it may be appropriate to consider your proposal against the objectives and policies of the District Wide Section; Part A.

Remember that a District Plan needs to be considered if you are changing the use of land (or increasing intensity of activity on land) or if you are subdividing. In other words, land can continue to be used in a manner that is not provided for in this District Plan (or is only provided for by a resource consent) if that activity was lawfully established before the District Plan was notified (this is an existing use right under Section 10 of the Resource Management Act).

In determining if an activity for a property is provided for by this District Plan users should undertake the following steps (outlined overleaf in Figure 1-2):

1 – Confirm the Zone and Overlay Relevant to the Property
Look at Series 1 Planning Maps in Part E to confirm the zone and whether the property is in an Overlay;

2 – Confirm if there is a Site, Feature or Unit Relevant to the Property
Look at Series 2 Planning Maps in Part E of the Plan to confirm relevance;

3 – Confirm the Activity Status
If the property has a specific site, feature or unit identified on it, review the activity under Part C of the District Plan if specific rules apply to the proposed activity. Secondly, review the activity under Part B of the District Plan to confirm activity status;

4 – Prepare a Resource Consent Application
If the activity is controlled, restricted-discretionary or discretionary, the District Plan provides guidance on the assessment criteria which will be applied to the activity. These will provide direction on matters to be covered in the resource consent. If the activity is discretionary or non-complying, consideration should also be given to the outcomes being sought and the objectives and policies of the District Plan. With the exception of controlled activities, consideration will also be given to the likelihood of notification or limited notification of the application (some direction on this is provided in the assessment criteria for performance standards in Part B of the Plan);

5 – Receive the Consent Decision
When an application for resource consent is processed, Council will consider the application in accordance with Sections 104 and 105 of the Resource Management Act. This includes, subject to Part II, consideration of the effects of the activity on the environment and provisions of national, regional and district policy statements and plans.