National Planning Standards Resource Legislation Amendment Act

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Presentation transcript:

National Planning Standards Resource Legislation Amendment Act with Resource Legislation Amendment Act Regional workshops

Planning Standards Roadshow Resource Legislation Amendment Act 2017 Planning Standards Roadshow

Broad scope - includes plan making, Māori participation, consenting, national direction, other Acts… 18 April: Royal Assent Many changes in force now, others at later dates

High-level objectives Better alignment and integration across the system Proportional and adaptable resource management processes Robust and durable decisions

Plan making…

New optional planning tracks: A. Streamlined Resource Legislation Amendment Act 2017 New optional planning tracks: A. Streamlined Council applies to Minister with desired process Minister issues direction Council follows direction, prepares ‘decision version’ Minister may approve, decline or send back Once approved = operative Appeals limited to requiring authority/HPA aspects

New optional planning tracks: B. Collaborative Resource Legislation Amendment Act 2017 New optional planning tracks: B. Collaborative Collaborative group reports to council with consensus position Notification, submissions Hearing by separate review panel Recommendations to council Council decides Limited appeal rights

New optional planning tracks: C. Limited notified Resource Legislation Amendment Act 2017 New optional planning tracks: C. Limited notified For small discrete changes or variations Must notify all directly affected persons Rules can’t have legal effect on notification

Other plan making changes Resource Legislation Amendment Act 2017 Other plan making changes Combined plans give effect to proposed RPS Minsterial approval to extend 2 year timeframe Designations in partial district plan reviews

Māori Participation

Mana Whakahono a Rohe: Iwi participation arrangements Resource Legislation Amendment Act 2017 Mana Whakahono a Rohe: Iwi participation arrangements

Other Māori participation changes Resource Legislation Amendment Act 2017 Other Māori participation changes Consultation on appointment of plan making commissioners Consultation on draft policy statements and plans (pre-notification) Section 32 reports to include a summary of consultation and proposed response

Resource consenting In force from 18 October 2017

Fast-track applications Resource Legislation Amendment Act 2017 Consent exemptions Boundary activities - mandatory Marginal / temporary rule breaches – optional Fast-track applications Controlled district land use / regulation power

Notification New step-by-step process Resource Legislation Amendment Act 2017 Notification New step-by-step process General discretion to notify removed Some activities precluded from notification (particularly housing related) Limited notification still available for most applications Special circumstances test mandatory Regulation making power

New consenting matters Resource Legislation Amendment Act 2017 New consenting matters Offsetting - s104 Scope of consent conditions – s108AA Natural hazards in subdivision -ss106/220

Appeals No appeals (unless non-complying) on: boundary activities Resource Legislation Amendment Act 2017 Appeals No appeals (unless non-complying) on: boundary activities subdivision consents residential activities in residential zone Scope of appeals limited to matters raised in submissions

Other changes

National direction Significant risk of natural hazards: s6 Resource Legislation Amendment Act 2017 National direction Significant risk of natural hazards: s6 New National Planning Standards NES/NPS changes combined development process scope expanded/clarified Additional regulation-making powers

Notices / serving documents Resource Legislation Amendment Act 2017 Notices / serving documents From 18 Oct 2017 Public notices to be online, clear and concise Short summary in newspaper, inc. web-link Electronic document servicing to be default RM (Forms, Fees and Procedure) Regulations to be updated

Procedural principles – s18A Subdivision presumption reversed – s11 Resource Legislation Amendment Act 2017 Procedural principles – s18A Subdivision presumption reversed – s11 Monitoring process efficiency/effectiveness – s35 New options to strike out submissions – s41D Development capacity – ss30/31 Hazardous substances removed – ss30/31 Abandoned coastal structures – MCA Act/RMA Stock drinking water – s14 Fixed fees - publishing schedules (s36AAB) / regulation-making power Objectors can request commissioners – s357AB Heritage protection orders (s189/195B-C) Environment Court procedures Board of inquiry procedures

Other Acts Public Works Act – solatium increased / process changes Reserves Act – optional joint process with RMA for recreation reserve exchange requests Conservation Act – alignment with RMA EEZ Act

Implementation and Support Resource Legislation Amendment Act 2017 Implementation and Support Factsheets, checklist, SPP application form, planning tracks comparison: mfe.govt.nz/node/21411 Upcoming technical guides/flowcharts (consent notification, exemptions, SPP, CPP, Mana Whakahono a Rohe) Contact us – oliver.sangster@mfe.govt.nz

National direction consultation Other national direction underway … NPS Urban Development Capacity NES Plantation Forestry NPS Freshwater Management amendments NES Telecommunication Facilities

Making RMA plans more efficient to develop and easier to use National Planning Standards Making RMA plans more efficient to develop and easier to use

Background Presentation title here RMA devolved plan making and limited guidance → unnecessary plan variation

Examples District plans: topic based, zone based, combination Presentation title here District plans: topic based, zone based, combination Regional plans: topic based, activity based, combined topic/activity, catchment based Rules: Activity based, effects based, hybrid Almost every district plan has a different definition of height, ground level, industrial activity etc Noise: dBA, dBA L10, dBA Lmax, dB LAeq Non-searchable PDFs → interactive ePlans

Plan Variation Plans costly and time consuming Presentation title here Plans costly and time consuming Overly complex, difficult to use Inconsistent implementation of national direction Resource duplication on plan content Best planning practice not identified and applied

Planning Standards Outcomes Fewer resources used to prepare and use plans Plan content easier to access Consistent incorporation of national direction Councils focus more on local content Plans apply good planning practice

Pathways for implementation “Mandatory pathway”: Inserted directly in plans No RMA Sched 1 Make consequential amendments Publicly notify changes “Discretionary pathway”: Choose from options, then apply to plans Use RMA Sched 1 Consequential amendments don’t use Schedule 1 Standards can also direct other changes Use RMA Sched 1 Local authority must take any other action directed by a standard.

Phases of development Research (pre-18 April 2017) Presentation title here Research (pre-18 April 2017) April – July 2017: Initial engagement June 2017 – April 2018: Drafting and testing phase April 2018 – January 2019: Submissions and standards refinement April 2019: Indicative Gazettal of standards April 2019 – April 2024: Implementation of standards

Consultation to come Pilot council testing Online shared workspace Email planningstandards@mfe.govt.nz Regional workshops (NZPI/RMLA) Iwi reference group LGConnect RLAB group Industry/specialist group meetings Council discussions

Online Shared Workspace Upload, survey, discuss – be involved!

Workshop