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Dunedin City Council – Kaunihera-a-rohe o Otepoti

Plan change - DIS-2019-1 (Variation 1)

Last updated: 19 Aug 2024 2:16pm

Summary

Variation 1 involves: minor clarifications to the wording of provisions to ensure that they function as intended; substantive amendments to fix identified problems or gaps within a small number of provisions; and mapping amendments to make minor adjustments to zone or mapped area boundaries where boundaries are in the wrong place.

Deemed operative

Variation 1: Minor Amendments to the Proposed Dunedin City District Plan (2GP) was deemed operative as at 28 August 2020 and operative as at 19 August 2024.

Variation 1 key dates and details are as follows:

  • Variation 1 was notified for submissions on 20 November 2019;
  • The initial submission period closed on 18 December 2019 with 8 submissions received;
  • The further submission period closed on 13 February 2020 with no further submissions being received;
  • The Hearing took place on 5 June 2020;
  • Decisions were publicly notified on 18 July 2020;
  • Appeal period ended on 28 August 2020 and no appeals were received.

Details

Variation number DIS-2019-1
Address for service City Development Manager, Dunedin City Council, PO Box 5045, Dunedin 9054
Email address for service districtplan@dcc.govt.nz

View related documents

    Appeals

  • Appeals

    Appeal period ended on 28 August 2020 and no appeals were received.

    Decisions

  • Decisions phase

    The DCC Hearings Committee has considered submissions on Variation 1 and has made decisions on the matters raised in these submissions. The public notice of decisions on Variation 1 was notified on 18 July 2020.

    The Variation 1 Decision Report and Public Notice are below:

  • Appealing decisions

    Clause 14 of Schedule 1 of the Resource Management Act 1991 (RMA) establishes who can appeal the Variation 1 decision. It says submitters may appeal decisions on matters that were the subject of their submission. The deadline for lodging a notice of appeal is 30 working days from being served with the public notice. 30 working days from 18 July 2020 is Friday 28 August 2020. Further information on the appeals process is available at: https://environmentcourt.govt.nz/court-process/lodge-appeal-or-application/

  • Status of decisions

    Once decisions have been released, all Variation 1 provisions in the 2GP have legal effect under section 86B of the RMA.

    Hearings

  • Summary of further submissions phase

    Most changes proposed by Variation 1 either did not receive a submission or received a submission in support.

    The following changes, identified in the Variation 1 Section 32 Report, received submissions seeking amendments:

    1. Definition of Driveways (change 1.3)
    2. Policy 2.3.1.2 (change 1.11) (submission withdrawn - deemed operative)
    3. Reference to Policy 2.3.2.2 and Policy 2.4.3.4 in assessment rules for retail and office activities (change 1.59)
    4. Rule 4.5.7 Number, Location and Design of Temporary Signs (change 1.17)
    5. Rule 9.3.1 Acoustic Insulation and Appendix 9A. Acoustic Insulation Requirements (change 1.26) (submissions withdrawn - deemed operative)
    6. Rules 18.3.6 and 19.3.4 Development Activity Status Tables, 18.6.1 Boundary Treatments and Other Landscaping (change 1.37) and 19.6.1 Boundary Treatments (change 1.38)
    7. Rules that apply to pedestrian street frontage mapped areas (change 1.60)
    8. Rule 15.6.1 Building Length (change 1.32)
    9. Rule 18.6.8 Location and screening of car parking (change 1.41 )
    10. Rule 19.6.4.1 Height in relation to boundary (change 1.44)
    11. Rule 34.6.6.1.b Height in Relation to Boundary (change 1.47)
    12. Land on the corner of Hartstonge Avenue, Reid Avenue and Factory Road Service Lane (change 1.64 and 1.65)

  • Deemed operative

    The following 2GP provisions, amended by Variation 1, have been deemed operative, as they are now beyond challenge, and the 2GP has been updated to reflect this:

    Variation 1 change number 2GP provision
    1.1 Activities managed by this plan
    1.2 Definition of building
    1.4 Definition of local road
    1.5 Definitions of public amenities, sport and recreation
    1.6 Definition of rural contractor and transport depots
    1.7 Definitions of working from home, visitor accommodation and habitable room, and related changes to Rule 15.5.2 Density as it relates to visitor accommodation
    1.8 Definitions of repairs and maintenance, additions and alterations and restoration and the Materials and design performance standard (Rule 13.3.2)
    1.9 Policy 2.2.1.3
    1.10 Policy 2.2.3.3
    1.11Policy 2.3.1.2
    1.12 Policy 2.3.2.3
    1.13 Policy 2.3.3.1
    1.14 Policy 2.3.3.2
    1.15 Policy 2.4.1.5
    1.16 Policy 2.4.6.2
    1.17 Definition of Temporary Signs
    Rule 6.7.3 Signs Visible from Roads
    Note 4.5.7A - Other requirements outside of the District Plan
    Rule 4.5.7.1 General 
    Rule 4.5.7.2 Election signs
    1.18 Rule 6.6.1.1.a.4 and Rule 6.6.1.1.b.4 Minimum parking space dimensions and stall depth
    1.19 Rule 6.6.3.1 Maximum number of vehicle crossings
    1.20 Rule 6.6.3.2 Minimum sight distance from a vehicle access
    1.21 Rule 6.6.3.4.b.ii.3 Minimum distances of new vehicle crossing from intersections and level crossings
    1.22 Rule 6.6.3.5 Standard of vehicle accesses onto state highways
    1.23 Rule 6.7.1.2 Service Station standards and queuing spaces required ‘per pump’
    1.24 Rule 6.8.1 Access
    1.25 Appendix 6B
    1.26 Rule 9.3.1 Acoustic Insulation
    Appendix 9A. Acoustic Insulation Requirements
    1.27 Rule 9.3.5 Light Spill and assessment rule
    1.28 and 1.29 Rule 9.3.7 Service Connections (9.3.7.1: change 1.28 and 9.3.7.2/Note 9.3.7A: change 1.29)
    1.30 Rule 13.9.1 Demolition of a scheduled heritage building requirements
    1.31 Rules 15.3.4, 18.3.6, 34.3.4 Development Activity Status Tables
    1.32 15.6.1 Building Length – clauses 2, 3, 4 & 5
    Definition of visible
    1.33 Rule 15.6.12.6 Freestanding signs (ancillary to commercial activities and community activities)
    1.34 Rule 15.6.13.1 Boundary setbacks
    1.35 Rule 16.11.2.2 – assessment rule for rural tourism – large scale and rural research – large scale
    1.36 Rules 17.7.5 Minimum Site Size
    1.39 Rule 18.6.2 Building colour
    1.40 Rule 18.6.5.2 Maximum and Minimum Height
    1.41 Rule 18.6.8 Location and Screening of Car Parking
    1.42 Rule 18.6.13.1 Number, Location and design of ancillary signs – General
    1.43 Rule 18.6.13.2 Number, Location and design of ancillary signs – Signs attached to buildings
    1.45 Rule 29.4 Notification Otago Museum Zone
    1.46 Rule 29.6.8 Setback from Scheduled Tree
    1.48 A1.1 Schedule of Protected Heritage Items and Sites
    1.58 A1.2 Schedule of Areas of Significant Biodiversity Value
    1.49 – 1.57 A1.1 Schedule of Protected Heritage Items and Sites – Scheduled Heritage Buildings - B241, B504(ii), 29 Stafford St, 3 Titan St, B656, B097, B101, B102, B103
    1.60 Rule 5.5.2 Location
    Note 5.5.2A – Other requirement outside of the District Plan
    Rule 6.6.2.5 Access to loading areas
    Note 6.6.3.1A - Other relevant District Plan provisions
    18.4 Notification
    18.5.4.1 Location of activities within pedestrian street frontage mapped areas
    18.5.4.3 Location of restaurant drive-through and service stations
    Rule 18.6.11 Minimum Glazing and Building Modulation
    Rule 18.6.13 Number, Location and Design of Ancillary Signs
    18.6.14 Parking, Loading and Access Standards

    In addition, the 2GP planning maps (appeals version) has been updated, because there have been no submissions on the following Variation 1 changes to zoning, which are now deemed operative.

    Variation 1 change number2GP map location
    Change 1.6620 Isadore Road and 257 Hillhead Road, Dunedin 
    Change 1.6760 Mount Grand Road, Burnside
    Change 1.68397 and 399 Highgate, Dunedin
    Change 1.6959 Manchester Street, Kaikorai Valley
    Change 1.7026 Ings Avenue, St Clair
    Change 1.7117 Carnforth Street and 45 Boundary Road, Green Island
    Change 1.72Lot 88 Kane Street, Green Island and part of 45 Boundary Road, Green Island
    Change 1.73Carnforth Street, Green Island

  • Hearings phase

    A hearing had been tentatively scheduled for the 2nd of April 2020 for those submitters who wished to be heard. Due to the Government’s announcement that New Zealand has reached a COVID-19 alert level 4, the hearing for Variation 1 has been postponed.  After the hearing, decisions will be made on the submitters requests and submitters have the right to appeal decisions to the Environment Court.

    Further submissions phase

  • Summary of further submissions phase

    The Summary of Decisions Requested report is a concise summary of the decisions requested in the submissions on Variation 1 to the 2GP which closed on 18 December 2019. It is not the full or exact content of submissions. It is prepared to enable the further submission process which is set out in Clause 8 of Schedule 1 of the RMA.

    The further submissions phase provides an opportunity for people who may be affected by an original submission to have their views considered. You do not have to have made an original submission to participate. If you have made an original submission you do not need to repeat submission points made in that submission as they will already be considered.

    What can a further submission cover?

    A further submission can only be made in support or opposition to a point raised in another person’s submission.

  • Summary of original submissions and changes

    Most changes proposed by Variation 1 either did not receive a submission or received a submission in support. Changes that did not receive a submission in opposition and are not subject to an existing appeal on the 2GP are now beyond challenge and are deemed operative and as of 19 August 2024 are now operative.

    Although the following changes, identified in the Variation 1 Section 32 Report, received submissions seeking amendments:

    1. Definition of Driveways (change 1.3)
    2. Policy 2.3.1.2 (change 1.11)
    3. Reference to Policy 2.3.2.2 and Policy 2.4.3.4 in assessment rules for retail and office activities (change 1.59)
    4. Rule 4.5.7 Number, Location and Design of Temporary Signs (change 1.17)
    5. Rule 9.3.1 Acoustic Insulation and Appendix 9A. Acoustic Insulation Requirements (change 1.26)
    6. Rules 18.3.6 and 19.3.4 Development Activity Status Tables, 18.6.1 Boundary Treatments and Other Landscaping (change 1.37) and 19.6.1 Boundary Treatments (change 1.38)
    7. Rules that apply to pedestrian street frontage mapped areas (change 1.60)
    8. Rule 15.6.1 Building Length (change 1.32)
    9. Rule 18.6.8 Location and screening of car parking (change 1.41 )
    10. Rule 19.6.4.1 Height in relation to boundary (change 1.44)
    11. Rule 34.6.6.1.b Height in Relation to Boundary (change 1.47)
    12. Land on the corner of Hartstonge Avenue, Reid Avenue and Factory Road Service Lane (change 1.64 and 1.65)

  • Summarised submission points for further submissions

  • Summary of original submissions received

    At the close of the submission period 8 submissions were received on Variation 1, from:

    • Dunedin City Council
    • Fonterra Limited
    • Heritage New Zealand
    • KiwiRail
    • The Oil Companies
    • Transpower New Zealand Limited
    • University of Otago
    • Ryman Healthcare Limited

    View the full submission received

    Notification of variation

  • Summary

    Variation 1 involves: minor clarifications to the wording of provisions to ensure that they function as intended; substantive amendments to fix identified problems or gaps within a small number of provisions; and mapping amendments to make minor adjustments to zone or mapped area boundaries where boundaries are in the wrong place.

  • Purpose of Variation

    The report summarises amendments proposed by variation to the Proposed Dunedin City Second Generation District Plan (2GP). It also incorporates the summary of the evaluation required by section 32 of the RMA 1991 (RMA) (s32 Evaluation Report). The amendments are included in the electronic plan in clearly marked content boxes.

    The purpose of Variation 1 (V1) is to make minor amendments to correct specific problems identified by plan users. The amendments proposed to resolve these problems generally focus on removing ambiguity and improving the clarity and workability of provisions.

    Three areas for improvement have been identified:

    1. Minor improvements and clarifications to the wording of definitions, rules and performance standards and to fix unintentional gaps so that provisions function as intended. Minor improvements to the wording of Strategic Direction policies to more clearly describe methods used in the plan and to better align with the 2GP drafting protocol; and
    2. More substantive amendments to provisions to improve the workability and usability of the 2GP, some of which fill gaps in standards (for example Change 1.21) and in some cases to reduce unintended consent requirements (for example Change 1.34).  These include changes to election sign rules based on feedback received over the recent election period; and
    3. Mapping amendments to make minor adjustments to zone or mapped area boundaries where boundaries are in the wrong place, for example the line should be moved to reflect the existing development on a site or to correct where a scheduled heritage building is located on the 2GP Planning Map.

    Variation 1 also includes two new scheduled heritage buildings, as well as a new area of significant biodiversity value.

  • Scope of Variation

    The variation is subject to the RMA Schedule 1 process for making submissions, further submissions and the ability to appeal decisions.  However, the variation is limited in scope and it is not proposed to re-open to submissions and decisions, the aspects of the 2GP that are beyond the scope of variation summaries listed in this report.

    Those wishing to make submissions on aspects of this variation should restrict their submission to the scope of the variation as detailed in this report, noting that many changes are not substantive, rather changes of clarification and the variation is not proposing to revisit the substantive aspect of the provision. Where changes are substantive, the scope of the variation is limited to the scope of the problem the variation is seeking to address, again it is not proposed to revisit aspects of provisions which are not considered part of the problem that the variation is addressing.

  • Status of rules

    Section 86B of the RMA explains when rules in proposed plans have legal effect. In accordance with this only the following changes have immediate legal effect:

    • Heritage Rule 13.3.2 (change 1.8)
    • Heritage Rule 13.9 (change 1.30)
    • CMU Zone Rule 18.6.2 (links to heritage Rule 13.3.1, change 1.39)
    • Otago Museum Zone Rule 29.4 (notification requirements for scheduled heritage buildings, change 1.45)
    • A1.1 Schedule of Protected Heritage Items and Sites (addition of two new heritage buildings and amendments to heritage entries or mapping, changes 1.48-1.57, 1.61)
    • A1.2 Schedule of Areas of Significant Biodiversity Value (addition of new ASBV, change 1.58)
    • High class soils mapped area (removal of small area, change 1.67)

    The rest of the changes do not have legal effect until decisions on submissions relating to the rules are made and publicly notified under clause 10(4) of Schedule 1.

    Under Clause 16B (1) every variation becomes part of the proposed plan as soon as the variation and proposed plan are both at the same procedural stage. This means that the proposed plan provisions will remain in effect until there have been decisions made on submissions on the variation. At that time, the provisions of the variation merge and become part of the proposed plan. If a variation substitutes for any appealed provisions of the proposed plan, those existing appeals are deemed to be against the substituted provisions included in the variation.

  • Proposed Amendments

    This is a list of the proposed amendments - for full details and section 32 evaluations please view the Proposed amendments documents, or refer to the online version of the 2GP. Please quote the (change number) you wish to submit on, when completing the submission form.

    • Clarification around if rules apply to existing development (change 1.1)

    Definitions

    • Definition of building (change 1.2)
    • Definition of driveway (change 1.3)
    • Definition of local road (change 1.4)
    • Definitions of public amenities, sport and recreation (change 1.5)
    • Definition of rural contractor and transport depots (change 1.6)
    • Definitions of working from home, visitor accommodation and habitable room, and related changes to Rule 15.5.2 Density as it relates to visitor accommodation (1.7)
    • Heritage rules: definitions of repairs and maintenance, additions and alterations and restoration and the Materials and design performance standard (Rule 13.3.2) (change 1.8)

    Strategic Direction wording and alignment with methods/rules        

    • Policy 2.2.1.3 (change 1.9)
    • Policy 2.2.3.3 (change 1.10)
    • Policy 2.3.1.2 (change 1.11)
    • Policy 2.3.2.3 (change 1.12)
    • Policy 2.3.3.1 (change 1.13)
    • Policy 2.3.3.2 (change 1.14)
    • Policy 2.4.1.5 (change 1.15)
    • Policy 2.4.6.2 (change 1.16)

    Rule changes            

    • Rule 4.5.7 Number, Location and Design of Temporary Signs (change 1.17)
    • Rule 6.6.1.1.a.4 and Rule 6.6.1.1.b.4 Minimum parking space dimensions and stall depth (change 1.18)
    • Rule 6.6.3.1 Maximum number of vehicle crossings (change 1.19)
    • Rule 6.6.3.2 Minimum sight distance from a vehicle access (change 1.20)
    • Rule 6.6.3.4.b.ii.3 Minimum distances of new vehicle crossing from intersections and level crossings (change 1.21)
    • Rule 6.6.3.5 Standard of vehicle accesses onto state highways (change 1.22)
    • Rule 6.7.1.2 Service Station standards and queuing spaces required ‘per pump’ (Change 1.23, Issue 1)
    • Rule 6.8.1 Access (change 1.24)
    • Appendix 6B (change 1.25)
    • Rule 9.3.1 Acoustic Insulation and Appendix 9A. Acoustic Insulation Requirements (change 1.26)
    • Rule 9.3.5 Light Spill and assessment rule (change 1.27)
    • Rule 9.3.7 Service Connections (changes 1.28 and 1.29)
    • Rule 13.9.1 Demolition of a scheduled heritage building requirements (change 1.30)
    • Rules 15.3.4, 18.3.6, 34.3.4 Development Activity Status Tables (change 1.31)
    • Rule 15.6.1 Building Length (change 1.32)
    • 15.6.12.6 Freestanding signs (ancillary to commercial activities and community activities) (change 1.33)
    • Rule 15.6.13.1 Boundary setbacks (change 1.34)
    • Rule 16.11.2.2 – assessment rule for rural tourism – large scale and rural research – large scale (change 1.35)
    • Rules 17.7.5 Minimum Site Size (change 1.36)
    • Rules 18.3.6 and 19.3.4 Development Activity Status Tables, 18.6.1 Boundary Treatments and Other Landscaping, and 19.6.1 Boundary Treatments (changes 1.37 and 1.38)
    • Rule 18.6.2 Building colour (change 1.39)
    • Rule 18.6.5.2 Maximum and Minimum Height (change 1.40)
    • Rule 18.6.8 Location and screening of car parking (change 1.41)
    • Rule 18.6.13.1 Number, Location and design of ancillary signs – General (change 1.42)
    • Rule 18.6.13.2 Number, Location and design of ancillary signs – Signs attached to buildings (change 1.43)
    • Rule 19.6.4.1 Height in relation to boundary (change 1.44)
    • Rule 29.4 Notification Otago Museum Zone (change 1.45)
    • Rule 29.6.8 Setback from Scheduled Tree (change 1.46)
    • Rule 34.6.6.1.b and Rule 34.6.6.2.a.i Height in relation to boundary (change 1.47)
    • A1.1 Schedule of Protected Heritage Items and Sites (change 1.48)
    • A1.1 Schedule of Protected Heritage Items and Sites – Scheduled Heritage Buildings - B241 (change 1.49), B504 (ii) (change 1.50), new schedule items (changes 1.51 and 1.52), B656 (change 1.53), and B097, B101, B102, B103 (changes 1.54, 1.55, 1.56 and 1.57)
    • A1.2 Schedule of Areas of Significant Biodiversity Value (change 1.58)
    • Reference to Policy 2.3.2.2 and Policy 2.4.3.4 in assessment rules for retail and office activities (change 1.59)
    • Rules that apply to pedestrian street frontage mapped areas (change 1.60)

    Mapping and zoning amendments  

    • 25 and 27 Harrington Street, Port Chalmers (change 1.61)
    • 30C, 32A, 32B and 32D Emerson St, Concord (change 1.62)
    • 1 Reid Avenue, Mosgiel (change 1.63)
    • Land between Hartstonge Avenue, Reid Avenue and Factory Road (changes 1.64 and 1.65)
    • 20 Isadore Road and 257 Hillhead Road, Dunedin (change 1.66)
    • 60 Mount Grand Road, Burnside (change 1.67)
    • 397 and 399 Highgate, Dunedin (change 1.68)
    • 59 Manchester Street, Kaikorai Valley (change 1.69)
    • 26 Ings Avenue, St Clair (1.70)
    • 17 Carnforth Street and 45 Boundary Road, Green Island (change 1.71)
    • Lot 88 Kane Street, Green Island and part of 45 Boundary Road, Green Island (change 1.72)
    • Carnforth Street, Green Island (change 1.73)

  • Planning maps

    Planning maps - the planning maps have been updated to show the areas affected by the proposed changes

  • Online version

    The online version of the 2GP shows changes highlighted in lime with the wording {Variation 1 amendments} - example shown below

    ePlan presentation

Related documents

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