Your Council

Appeals on the PDP

The Decisions version of the Proposed District Plan (PDP) was notified for appeals on 22 November 2017. The period for submitters to make appeals closed on 25 January 2018.

Council has received appeals over a range of sections of the PDP. Appeals can be found in the table below.

An ‘Appeals version’ of the PDP will be produced and made publicly available once all appeals have been received and analysed by Council. The ‘Appeals version’ will identify which parts of the PDP are subject to appeals and therefore may change as a result of the appeals process; it will also identify which parts of the PDP are not subject to any appeals and therefore become effectively operative.

Where an appeal has been lodged against an objective, policy or provision in the PDP, that part of the PDP continues to have legal effect but the 'weighting' afforded to it must be considered on a 'case by case' basis. Those parts of the PDP that are not subject to appeal can be treated as 'effectively operative', and the corresponding objectives, policies and provisions in the Operative District Plan 1999 (ODP) fall away.

Where appeals are resolved, Consent Orders will be issued by the Environment Court and will be recorded in the table below. The relevant sections of the PDP will then be updated and made available on Council’s website. Please note that the Council is not providing an annotation service and each person is responsible for updating their hard copies of the PDP.

Below is a list of the appeals received by the Council:

Environment   Court Reference

Appellant

S274 parties

Appeal documents

PDP Chapter(s)/ Topic(s)

Status

ENV-2018-WLG-006

Kapiti   Amateur Radio Society & Another

 

Notice of Appeal

Chapter 1 - Introduction and   Interpretation

Chapter 12 - General Provisions

 

ENV-2018-WLG-007

St Heliers Capital Limited

Department of Conservation

Coastlands Shoppingtown Ltd

Greater Wellington Regional Council

Notice of Appeal

Chapter 6 – Working Zones

Appendix 6.7 – District Centre Zone 

Structure Plan

Appendix  6.9 – Centres Design Principles

 

ENV-2018-WLG-008

Maypole   Enviromental Limited

Department of Conservation

Notice of Appeal

Chapter 2 – Objectives

Chapter 3 – Natural Environment

Chapter 5 – Living Zones

Chapter 7 – Rural Zones

Chapter 9 – Hazards

Chapter 10 – Historic Heritage

Chapter 11 – Infrastructure

Planning   Maps

 

ENV-2018-WLG-009

Ballinger   Industries Limited

St Heliers Capital Ltd

Progressive Enterprises Ltd

Coastlands Shoppingtown Ltd

Notice of Appeal

Chapter 6 – Working Zones

Planning   Maps

 

ENV-2018-WLG-010

Coastal   Ratepayers United (CRU)

Maypole Environmental Ltd

Department of Conservation

Greater Wellington Regional Council

Notice of Appeal

Chapter 1 – Introduction and   Interpretation

Chapter 2 - Objectives

Chapter 4 – Coastal Environment

Planning   Maps

 

ENV-2018-WLG-011

S   Cunningham & others

Waikanae Beach Residents Society Incorporated

Notice of Appeal

Chapter 5 – Living Zones

Chapter 11 - Infrastructure

Appendix 5.2 - Special Character Areas: Design Guidelines

Planning Maps

 

ENV-2018-WLG-012

Federated   Farmers of New Zealand

A Smith

L Smith

Waa Rata Estate

Royal Forest & Bird Protection Society

Margaret Niven

Transpower NZ Ltd

First Gas Ltd

Horticulture NZ

Department of Conservation

Greater Wellington Regional Council

C T Brown

Notice of Appeal

Chapter 1 – Introduction and   Interpretation

Chapter 2 – Objectives

Chapter 3 – Natural Environment

Chapter 7 – Rural Zones

Chapter 11– Infrastructure

Chapter 12– General Provisions

Planning   Maps

 

ENV-2018-WLG-013

Progressive   Enterprises Limited

St Heliers Capital Ltd 

Ballinger Industries Ltd

Coastlands Shoppingtown Ltd

Notice of Appeal

Chapter 1 – Introduction and   Interpretation

Chapter 6 – Working Zones

 

ENV-2018-WLG-014

Heritage   New Zealand Pouhere Taonga

Maypole Environmental Ltd

Waikanae Christian Holiday Park

Notice of Appeal

Chapter 10 - Historic Heritage

 

ENV-2018-WLG-015

Coastlands   Shoppingtown Limited

St Heliers Capital Ltd

Kapiti Coast Airport Holdings Ltd

Progressive Enterprises Ltd

Sherlock Developments Ltd

Mal Hire Ltd

Kennott Trust Company/Forest Lakes Trust Company

Kennott Trust Company Ltd

Galarp Holdings Ltd

Firmaterra Holdings Ltd

A & A McKenzie

Ballinger Industries Ltd

Greater Wellington Regional Council

Notice of Appeal

Chapter 2 – Objectives

Chapter 2A –   District Wide Policies

Chapter 6 –   Working Zones

Chapter 9 -   Hazards

Chapter 11 – Infrastructure

Planning Maps

Appendix 6.7

 

ENV-2018-WLG-016

M & S Blackburne

Waa Rata Estate

Quicksilver Enterprises Ltd

Notice of Appeal

Chapter 7 – Rural Zones

 

ENV-2018-WLG-017

Hedger   Greenhouse Limited

Department of Conservation 

Notice of Appeal

Planning   Maps

 

ENV-2018-WLG-018

Winstone   Aggregates

Federated Farmers of NZ

Transpower NZ Ltd

Coastlands Shoppingtown Ltd

Greater Wellington Regional Council

Notice of Appeal

Chapter 1 – Introduction and   Interpretation

Chapter 2 – Objectives

Chapter 7 – Rural Zones

Chapter 9 – Hazards

Chapter 11 – Infrastructure

Chapter 12 – General Provisions

Planning   Maps

 

ENV-2018-WLG-019

Spark New Zealand Trading Limited

Federated Farmers of NZ

Horticulture NZ

Coastlands Shoppingtown Ltd

Notice of Appeal

Chapter 3 – Natural Environment

Chapter 11 – Infrastructure

 

ENV-2018-WLG-020

Kapiti Coast Airport Holdings Limited (KCAHL)

St Heliers Capital Ltd

Progressive Enterprises Ltd

Ballinger Industries Ltd

Coastlands Shoppingtown Ltd

Greater Wellington Regional Council

Notice of Appeal

Chapter 1 – Introduction and   Interpretation

Chapter 2 – Objectives

Chapter 2A –   District Wide Policies

Chapter 6 –   Working Zones

Chapter 9 -   Hazards

Chapter 11 –   Infrastructure

Planning Maps

 

ENV-2018-WLG-021

Royal Forest and Bird Protection Society of New Zealand Incorporated

A Smith

L Smith

Waa Rata Estate

Federated Farmers of NZ

Margaret Niven

Transpower NZ Ltd 

Horticulture NZ

Maypole Environmental Ltd

Department of Conservation

New Zealand Transport Agency

Greater Wellington Regional Council

Notice of Appeal

Chapter 1 – Introduction and Interpretation

Chapter 3 – Natural Environment

Chapter 5 – Living Zones

Chapter 6 – Working Zones

 

ENV-2018-WLG-022

G Halstead

 

Notice of Appeal

Planning   Maps

 

ENV-2018-WLG-024

Carter   Family of Reikorangi

Waa Rata Estate

Quicksilver Enterprises Ltd

Notice of Appeal

Chapter 3 – Natural Environment

Appendix 3.1 – Development Incentive Guidelines

 

 

 

 

 

 

 

Which version of the District Plan should I use?

We are currently operating under two District Plans. At this time both the ODP and the Proposed District Plan Decisions Version 2017 have legal effect. (Note: this will be updated to an ‘Appeals Version’ by the end of February 2018).

The ODP will continue to have legal effect where any corresponding objectives, policies and provisions in the PDP have been appealed. As appeals are resolved, the ODP provisions will fall away and the PDP will be relied on.

While we still have both an ODP and a PDP it is necessary to comply with both Plans, except where a rule is deemed to be able to be treated as 'effectively operative' in the PDP. 

Any rules in the PDP which cannot be treated as 'effectively operative' still have legal effect and are afforded 'weighting' on a case by case basis, depending on the nature and extent of the appeal. 

Operative District Plan (1999) provisions remaining in effect

As a result of the withdrawal of coastal provisions from the PDP there are some specifically identified coastal related provisions in the ODP that will continue to remain in force after the conclusion of the PDP process and until they are replaced through a Schedule 1 of the RMA process.

View details of the ODP provisions that will continue to apply here .