Late Submissions - Direction #1 - 18 November 2022

Late Further Submissions - Direction #2 - 25 November 2022

Hearing Procedures and Directions - Direction #3 - 5 December 2022

Submissions on Plan Change 9 - Housing for Everyone

How do I view the initial submissions received?

Copies of submissions along with a summary of submissions are available:

• Online
• Customer Service, Rotorua Lakes Council: 1061 Haupapa Street, Rotorua
• Te Aka Mauri, Rotorua Library: 1127 Haupapa Street, Rotorua

These are presented here in two forms:

1. In full, initial submissions are compiled to locate submissions by submitter name.
   1. Volume 1 Submissions 1-41
   2. Volume 2 Submissions 42-78
   3. Volume 3 Submissions 79-87
   4. Volume 4 Submissions 88-99
2. In summary form, as a downloadable Excel spreadsheet and two PDF files (more details on this below)
   1. View Excel spreadsheet (allows filtering of submissions by particular topics.)
   2. View PDF by submitter name
   3. View PDF by hearing topic

Further submissions must be received by Council by 18 November 2022.

View more details about further submissions

Make a further submission

The further submissions period is open from 5 November to 18 November 2022.

Who can make a further submission?

The people who can make a further submissions are limited to:

• any person representing a relevant aspect of the public interest;
• any person that has an interest in the proposed plan change greater than the interest that the general public has; and
• the local authority itself.

Further submissions must be received by Council by 18 November 2022.

What can a further submission address?

A further submission must be limited to a matter in support of, or in opposition to, an initial submission.

About the further submission process

If you are unsure whether you can make a further submission, talk to council staff first as they may be able to provide some guidance. If you are still unsure, or have questions about the advice from council staff then you need to talk to a lawyer or resource management specialist.

A copy of your further submission must be provided to the original submitter within 5 working days of the submission being lodged with Council. You must email/post a copy of this further submission to the person / organisation that you are commenting on - contact details can be obtained by emailing policy.planning@rotorualc.nz.

For more information on the process and guidance on making a further submission, try the Ministry for the Environment website.

Things to consider when making a submission

The following tips are useful when making submissions:

• Make clear and easy-to-read points
• Include your contact details
• Identify whether you wish to speak at the hearing or not
• State the submission reference of the original submission that you are commenting on
• State who made the submission that you are commenting on.
• Clearly indicate which parts of the original submission you are commenting on.
• Identify if you support or oppose the point in the original submission.
• Provide reasons for your views and clarify whether you seek that the whole part or part of the submission is to be allowed/disallowed.

Council has included a further submission template which can be downloaded (Form 6 - Clause 8 of First Schedule Resource Management Act 1991) to assist in making your submission.

Your submission should not include any issues not relevant to the plan change, as these will not be able to be considered by Council when making its decision. Please note, your submission, including your personal information, will be publicly available as part of the decision-making process.

If you have made a submission on other housing or plan change matters in the past, these can’t be used for reference on the Housing for Everyone – Plan Change 9. You need to make a new submission.

Where to send your submission

Submissions must be lodged in typing/writing and either:

• submitted via Let’s Talk | Kōrero mai
• emailed to policy.planning@rotorualc.nz
• delivered to council customer services at 1061 Haupapa Street, Rotorua, 3010
• posted to the address below:

Manager, Planning & Development Solutions
Rotorua Lakes Council
Freepost Authority Number 370
Private Bag 3029
Rotorua Mail Centre
Rotorua 3046
New Zealand

Contacts

If you have any questions about the further submissions process, please contact customer services at policy.planning@rotorualc.nz.

Friend of Submitter

The Ministry for the Environment (MfE) has provided funding to appoint an independent ‘Friend of Submitter’ to help people have their say. Belinda Messenger has been appointed to this role. Belinda is a qualified, fully independent planner, who was not involved in developing Rotorua’s Housing for Everyone - Plan Change 9.

Belinda can advise people who don’t have professional assistance on the process for lodging submissions, how they can present their views, and the steps after a submission is lodged. However, please note, it is not the role of the Friend of Submitter to advise on the merits of the plan changes, or to write a submission.

The FOS Service is a free service that is available Monday to Friday 9am - 4pm

Friend of submitter contact details:

Name: Belinda Messenger

Email: planchange9@resourceplanning.nz

Why we’re making the changes

The plan change will enable greater housing supply and choice in Rotorua by amending the current rules. This is an important part of addressing our housing shortage because it enables more houses to be built in areas that have access to jobs, public transport, amenities and other community facilities. By allowing more medium and high density housing, we can utilise our space better to provide more houses for everyone. We aim to achieve these housing outcomes through revisions to our zoning framework shown below:

Community-focused reasons

The benefit of increasing density standards is that we allow more housing options for more people. And when more people live in an area, we can invest more efficiently in those things that enhance a community such as parks and open spaces, streets, schools and health services. This is critical to creating thriving communities.

Due to our aging population, we expect an increase in smaller households over time and a growing preference for smaller, attached houses, which we currently have a shortage of. These intensification measures will ensure greater housing choice to meet changing preferences.

Small housing types also provide opportunity for more affordable housing options over time and therefore greater access to housing for the community.

Our Intensification Design Guide for larger scale development along with the MfE’s National Medium Density Design Guide will encourage these new builds to look good, respect the privacy of the properties next door, and create great spaces and neighbourhoods for us all to live in.

Legislative Context

Rotorua Lakes Council was identified as a ‘specified territorial authority’ by the Minister for the Environment under the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021. The Amendment Act supported changes outlined in the National Policy Statement on Urban Development 2020 (NPSUD) and required Rotorua Lakes Council to notify a plan change implementing intensification policies by 20 August 2020. The Amendment Act defines a set of Medium Density Residential Standards (MDRS) that we must apply to our residential zones in the District Plan when the Plan is notified on 20 August 2020.

What it means for you

We’re contacting those directly affected by mailing out the details of the proposed changes. We’re also making sure we share these proposed changes with the whole community, so everyone is aware and can have their say.

Even if your property is not directly affected, you can still make a submission and explain why you support or oppose the plan change.

If you need to understand how this plan change may affect your property please lodge a query with our customer service team at policy.planning@rotorualc.nz

We are producing a plan change document (section 32 report) that includes an explanation of the proposed changes. This report considers the appropriateness of the plan change and assesses the costs and benefits of the environmental, economic, social and cultural effects anticipated from the plan change.

The Plan Change Process

1. Plan Change is notified and submissions open
2. Once all submissions are received, they are summarised and notified.
3. Certain people can make further submissions in writing on the prescribed form.
4. Further submissions cannot identify new issues but can support or oppose the contents of original submissions.
5. Further submissions are called for over a period of at least 10 working days.
6. Council will then hold a hearing which will be overseen by Independent Hearing Commissioners, if required, for submitters to verbally present their submissions. The hearing panel can be made of accredited councillors, independent commissioners, or a mix.
7. After the hearing, Council decides to accept or reject each submission received in whole or in part.
8. Council will then publicly notify its decision.

What’s being proposed

There are a few ways things will change. Some of the new rules that implement the Medium Density Residential Standards must be implemented, under law, from August 2022. We have also developed our own range of suggested changes, which are the ones open for submission. Finally, some areas do not specifically align with the changes and we are suggesting they stay the same.

You can jump directly to each area:

• Implemented rules/changes under law on 20 August 2022
• Proposed changes open for submission 20 August to 14 October 2022
• What the changes will look like

Mandatory provisions enacted from 20 August 2022 will enable landowners to build up to three houses of up to three storeys on their site, with no resource consent required. Instead, these houses will proceed straight to applying for building consents. This new rule applies to most sites, unless resource consent is required for another reason or a qualifying matter applies.

These mandatory provisions will apply to the current Residential 1 and Residential 2 Zones, which covers most of the urban area. It should however be noted that most of the Residential 2 Zone has been proposed through the plan change to be high density zone (orange area in map below). The medium density zoning for this zone under the MDRS would therefore further change to high density once the plan is made operative.

Residential areas where changes will apply:

Download a high-resolution version

Key Provisions for the Residential 1 Zone:

Read the Ministry for the Environment factsheet on these standards.

In practice, what you might start to see are residential developments in a variety of sizes and forms, including detached dwellings, terrace housing and low-rise apartments.

What these standards will look like if a site is built out to the maximum:

What houses could look like under the new Medium Density Residential Standards:

How we are providing for good medium density outcomes:

Proposed Residential Zones changes open for submissions

Other provisions that are proposed in the Plan Change that are not part of the MDRS include:

• Rules that regulate minimum dwelling size, maximum building length, maximum impervious area and fences;
• Assessment criteria for four or more dwellings to achieve quality-built outcomes; and
• Rules associated with qualifying matters.

The intent of these additional rules is to achieve quality-built outcomes. These outcomes are:

• Attractive and safe streets
• Quality living environments, and
• Managed effects on the neighbours (privacy, daylight and access)

We’re looking for your feedback on these changes. We’re suggesting these rules to make sure our city is well-designed and well-planned and works for everyone.

Introducing a High Density Residential Zone

It is proposed to primarily retain the spatial extent of the current Residential 2 zone but enable high-density housing such as terrace housing and apartments within this zone. Being close to the City Centre, the proposed Residential 2 - High Density Residential Zone is aligned to the most accessible areas within Rotorua, enabling more people to live in areas, which can access amenities and employment through active and public transport modes. The accessibility heat map below shows that the central part of the city is the most accessible (shown in the dark blue).

Download a high resolution version

It is proposed to apply a 19.5m height limit within the Residential 2 High Density Residential Zone. This will enable up to five to six storey apartments in this zone as opposed to the three storeys walk-ups permitted through the MDRS.

Key Provisions of the proposed Residential 2 Zone

How we are providing for good high density outcomes:

The Plan Change has further considered how to enable high density residential and mixed-use (i.e. residential apartments above shops), development in the Commercial and City Centre Zones, due to their accessible location relative to amenity. The primary method of doing so is by enabling greater building heights in these locations. This provides better opportunities for city living, with the higher density resulting in increased activity and vibrancy in these key commercial locations.

Given the City Centre 2 and the Commercial 6, zones are centrally located and highly accessible we have proposed to enable apartments above commercial development within these zones. Amendments have therefore been made to the provisions of the City Centre 2 and Commercial 6 zones to permit residential units in these locations.

Proposed City Centre Zone Provisions

Map of proposed height changes

Download a high-resolution version

How we are providing for good outcomes for residential development in business zones:

Financial Contributions for Reserves

The proposed amendments include extending the ability to charge reserve contributions for permitted residential activities i.e. up to three units, to capture the greater potential for residential units to be constructed without a subdivision or land use consent. To ensure Financial Contributions are fit for purpose, it is proposed that they are reduced as follows:

• In most urban zones from 5% to 3.5%, to encourage efficient land use.
• In the Rural Zone to 2.5%, recognising the residents in these areas have less demand for the reserve network; and
• For minor residential units to 1%, to encourage an increase in ‘smaller’ housing types to meet demand, and to address the fact that there are less household occupants and lower demand on reserves by the individual household.

Transport Provisions

The Plan Change has the potential to impact and further exacerbate effects on the transport network in Rotorua. Amendments have therefore been proposed to the transport provisions to ensure that the anticipated effects of the increase in residential development, enabled through this plan change are well managed. In this regard, the proposed amendments include new planning provisions to manage the increased number of households accessed from one shared access way and requiring a simple transport assessment for more than 20 residential units.

Papakāinga Housing

This plan change also includes proposed amendments to the rules for papakāinga to make developments of this nature easier to do. The proposed amendments are in accordance with section 80E of the RMA, which enables an intensification planning instrument to amend provisions to enable papakāinga housing in the district in both urban and rural areas.

The proposed amendments include:

• Removing the requirement that papakāinga needs to be located on land that adjoin, or is adjacent to a Marae;
• Amending the provisions to ensure that the framework for papakāinga in residential zones is in keeping with the MDRS and policy intent of the NPS-UD;
• Introducing additional provisions to enable a greater density of papakāinga development in rural zones; and
• Introducing additional performance standards for non-residential papakāinga development, recognising that papakāinga are not limited to housing.

Qualifying Matters

There are some areas of the city that may be identified as unsuitable for higher densities.

The operative District Plan has rules that require certain features or values to be protected. We are not proposing to change these and those rules will continue to apply. These are referred to as existing qualifying matters.

We are proposing new rules to manage flooding and development close to heritage buildings. We are also proposing to retain the Residential 3 Zone rules recognising their significant cultural values. These are new qualifying matters.

Existing qualifying matters

Existing qualifying matters within the Rotorua District Plan include:

• National Grid
• Natural Hazards
• Historic and Cultural Values
• Significant Natural Areas
• Outstanding Natural Character
• Outstanding Natural Features and Landscapes
• Public Access
• Designations

It is proposed to retain these current District Plan rules. These reasons or ‘qualifying matters’ can’t be used to prohibit intensification altogether, but they can be used to moderate the level of building height and density in places where it's needed.

Through the plan change process, we must justify why they should be given a greater level of protection than other parts of the city. These reasons or ‘qualifying matters’, cannot be used to prohibit intensification altogether, but they can be used to moderate the level of building height and density in places.

For example, if your section is in an area that is subject to flooding, the medium density residential standards won’t automatically apply. So if you’re looking at developing your land, it’s a good idea to get planning advice from us first.

New qualifying matters

Flooding

Changes are proposed through this plan change to clarify and strengthen the District Plan to manage flooding with respect to building and subdivision, as development potential is increased through the Plan Change. Amendments are therefore proposed to better manage flood risk specifically, and to improve the efficiency of the current provisions.

The proposed amendments to the district-wide flood management provisions will apply across the district within areas subject to flooding and are only considered a new qualifying matter where they are proposed to apply within the Residential 1 and 2 Zone. This will apply to properties where maximum flood depths on a building site are greater than 300mm.

Residential 3 Zone

This Plan Change includes retaining the current Residential 3 Zone (Ōhinemutu, Whakarewarewa, and Ngāpuna) rules. The current zoning framework recognises the villages of Ōhinemutu, Whakarewarewa and Ngāpuna as exceptional and unique places within the district. There will be no changes to the objectives, policies and rules in this zone due to the values and characteristics of these villages being considered to be a matter of national importance.

Historic Heritage Structures

Amendments are proposed to the provisions which manage historic heritage, to respond to the greater building height and bulk enabled through the Plan Change, which may give rise to adverse effects on the heritage values of cultural heritage features. It is anticipated that by including a ‘new building rule’ to sites, which contain historic heritage structures, the plan will manage the protection of historic heritage from inappropriate subdivision, use and development in the Residential 1 and 2 zones and the Commercial 4 zone.

Summary of How Plan Change 9 amends the Rotorua District Plan

Overview of Proposed Changes to the District Plan Chapters

Key parts of PC9 to the Rotorua DP are summarised chronologically below in terms of the DP chapters:

Make a submission

Submissions are open from 20 August to 14 October 2022. We have doubled the required public notification period for submissions to 40 working days.

About the submission process

Things to consider when making a submission

The following tips are useful when making submissions:

• Make clear and easy to read points
• Include your contact details
• Identify whether you wish to speak at the hearing or not
• Identify if you support or oppose the plan change
• Detail the specific part of the District Plan your submission is about.

Council has included a Submission Template which can be downloaded (Form 5 - Clause 6 of First Schedule Resource Management Act 1991) to assist in making your submission. Ministry for the Environment has also provided guidance on making a submission.

Your submission should not include any issues not relevant to the plan change, as these will not be able to be considered by Council when making its decision. Please note, your submission, including your personal information, will be publicly available as part of the decision-making process.

If you have made a submission on other housing or plan change matters in the past, these can’t be used for reference on the Housing for Everyone – Plan Change 9. You need to make another submission.

The Ministry for the Environment has more information on submitting on this change on its website.

Please ensure that your submission follows Form 5 of the Resource Management Act 1991 and includes the following:

• Name of the proposed plan change that you are submitting on- in this case “Housing for Everyone, Plan Change 9”
• State whether you could/could not gain an advantage in trade competition through this submission
• State whether you are or are not directly affected by the proposed plan change
• State the specific provisions of the proposal that your submission relates to
• Detail your submission
• State what decision you are seeking from the Rotorua Lakes Council (i.e whether you support or oppose or wish to have provisions amended.
• State whether you wish to be heard in support of your submission and whether you would consider presenting a joint case with other similar submitters at the hearing.
• Please sign and date your submission

Where to send your submission

Submissions must be lodged in writing and either:

• submitted via Let’s Talk | Kōrero mai
• emailed to policy.planning@rotorualc.nz
• posted to the address below:

Manager, Planning & Development Solutions
Rotorua Lakes Council
Freepost Authority Number 370
Private Bag 3029
Rotorua Mail Centre
Rotorua 3046
New Zealand

Contacts

If you have any questions about the application, please contact customer services at policy.planning@rotorualc.nz

You can also check the Ministry for the Environment guide to making submissions.

Friend of Submitter

The Ministry for the Environment (MfE) has provided funding to appoint an independent ‘Friend of Submitter’ to help people have their say. Belinda Messenger has been appointed to this role. Belinda is a qualified, fully independent planner, who was not involved in developing Rotorua’s Housing for Everyone - Plan Change 9.

Belinda can advise people who don’t have professional assistance on the process for lodging submissions, how they can present their views, and the steps after a submission is lodged. However, please note, it is not the role of the Friend of Submitter to advise on the merits of the plan changes, or to write a submission.

The FOS Service is a free service that is available Monday to Friday 9am-4pm

Friend of submitter contact details:

Name: Belinda Messenger

Email: planchange9@resourceplanning.nz

Disclaimer:

* Your email will be used as the address for service but if you prefer service by post please inform us by email.

* Names of submitters will be published with the submissions and summary of submissions on the Council’s website.

Further Submissions on Plan Change 9 - Housing for Everyone

How do I view the further submissions received?

Copies of submissions along with a summary of further submissions are available:

• Online
• Customer Service, Rotorua Lakes Council: 1061 Haupapa Street, Rotorua
• Te Aka Mauri, Rotorua Library: 1127 Haupapa Street, Rotorua

These are presented here in two forms:

1. In full, initial submissions are compiled to locate submissions by submitter name.
   1. Volume 1 Submissions 1-40
   2. Volume 2 Submissions 41-80
   3. Volume 3 Submissions 81-120
   4. Volume 4 Submissions 121-160
   5. Volume 5 Submissions 161-171
2. In summary form, as a downloadable Excel spreadsheet and two PDF files (more details on this below)
   1. View Excel spreadsheet (allows filtering of submissions by particular topics.)
   2. View PDF by submitter name
   3. View PDF by hearing topic

The initial submissions are also available to view.

Disclaimer:

* Your email will be used as the address for service but if you prefer service by post please inform us by email.

* Names of submitters will be published with the submissions and summary of submissions on the Council’s website.

The Intensification Streamlined Planning Process (“ISPP”) is a new planning process has been introduced to support Councils to implement the intensification policies of the NPS-UD and the MDRS. This process is called the Intensification Streamlined Planning Process (“ISPP”). Key steps in this process involve notifying the plan change for submissions and a hearing of submissions by independent commissioners, as outlined below.

This process is intended to enable Council to implement the housing intensification required by the NPS-UD at least a year earlier than would normally be achieved through the standard RMA timeframes. The ISPP is based on the streamlined planning process in the Resource Management Act 1991 (RMA), with opportunities for Māori and iwi and public participation and no appeal rights.

It is noted that the ISPP differs from the RMA First Schedule process in two ways:

1. if Council does not accept the Hearings Panel recommendation on Plan Change 9, then the Minister makes the final decision
2. submitters have no rights of appeal to the Environment Court; the only legal challenge a submitter could bring is to apply to the High Court for judicial review of the Council (or the Minister’s) process. Council does not have discretion on whether to use the ISPP process; this is a requirement of the Amendment Act.

MfE guidance on the ISPP process is provided below:

Intensification streamlined planning process | Ministry for the Environment

Influencing the plan change

There is limited scope as to what we – both Council and the community – can influence, as the Amendment Act dictates what many of the rules need to look like, especially for buildings of three storeys or less.

What we can influence is what developments of four storeys or more will look like, and where these higher density areas are located. You will have the opportunity to have your say on this through the formal submission process.

Plan changes and Legal Effect

In general, proposed plan changes have legal effect when decisions on submissions are publicly notified. Some specific exceptions apply under sections 86A to 86G of the RMA. In addition to the existing rules within the District Plan, resource consents must be applied for activities that trigger new rules that have legal effect within proposed plan changes. In other words, different resource consents may be required under both the existing rules and the new rules.

In terms of Plan Change 9, rules permitting residential units that comply with the MDRS within the Residential 1 Zone and Residential 2 Zone have immediate legal effect from notification of the plan change on 20 August 2022 (unless a qualifying matter applies). This means that there is immediately greater opportunity for constructing housing without the need to apply for a resource consent on many residential zoned sited throughout Rotorua. (Refer to the supporting technical reports and FAQs on the Council’s website for more detail on the qualifying matters that limit where the MDRS has immediate legal effect).

Other parts of Plan Change 9 will only have legal effect once decisions have been made and notified by Council, after the submission and hearings process. The objectives and policies in Plan Change 9 can be considered from the notification date and weighted accordingly when Council considers relevant resource consent applications.

This will only have legal effect once the plan change decisions have been released. The proposed objectives and policies can be considered from notification and weighted accordingly.