Nelson City Council approves Maitahi Bayview Private Plan Change 28

Nelson City Council made the decision to approve Private Plan Change 28, with modifications to that notified, at a full Council meeting on 27 September 2022. Council's decision followed the recommendation of the independent hearing commissioners, including acceptance of the reasons set out by the commissioners in their report.

The private plan change was requested by CCKV Dev Co LP & Bayview Nelson Limited, and as lodged with Council proposed to rezone approximately 287 hectares of land located within Kākā Valley, in the Maitai Valley.

In addition, it sought to add a new Schedule X, with an accompanying structure plan and a number of integrated changes to associated provisions of the Nelson Resource Management Plan.

Nelson City Council received more than 700 submissions following public notification of the private plan change application on 28 October 2021. The application was heard in front of a panel of independent, accredited commissioners: Greg Hill (Chair), Sheena Tepania, Gillian Wratt, and Nigel Mark-Brown, over seven days between 13-21 July 2022.

The commissioners’ recommendation included modifications to the original application in response to changes by the applicant, expert evidence, and submissions, including a reduction in the total area of residential-zoned land, more stringent and comprehensive provisions for managing flooding risks, earthworks, sediment controls and stormwater management, among others.

Acting Group Manager Environmental Management, Maxine Day, said the hearing was conducted by a very experienced panel of resource management experts and in deciding to accept the recommendation, Council was satisfied that a robust process was followed.

“The Commissioners’ hearing on the plan change, following public notification and consideration of submissions and further submissions allowed the application to be tested and considered against the Resource Management Act (RMA) requirements, and also allowed the community, iwi, and relevant stakeholders to participate in that process.”
Council’s acceptance of Private Plan Change 28 will be publicly notified. The applicant and members of the public that made submissions on the plan change request have 30 working days to appeal the decision to the Environment Court.

Appeals must be made to the Environment Court by 5 pm, Monday 14 November 2022.

More information about the form, fees, and process to lodge an Environment Court appeal can be found at: environmentcourt.govt.nz/forms-fees and environmentguide.org.nz/rma/planning-documents-and-processes/plan-making/appeal-rights

A copy of the hearing panel’s recommendation report, public notice and Council decision can be viewed at Council’s Customer Service Centre, Nelson’s public libraries and online at shape.nelson.govt.nz/private-plan-change-28-maitahi-bayview