FAQs
About further submission consultation
- A person who has an interest greater than the public in general. For example, if someone submitted to rezone a block of land that includes your property then you could comment on that submission.
- A person representing a relevant aspect of the public interest. For example, you represent a public interest environmental group.
- The local authority.
- “Part A” – email it to dprsubmissions@selwyn.govt.nz (Subject line: Variation 1 to the PDP)
- “Part B” – email it to submissions@selwyn.govt.nz (Subject line: Variation 1 to Private Plan Change #)]
- post it to Selwyn District Council, Freepost 104 653, PO Box 90/Rolleston 7643, Attention: Variation Submission
- deliver it to a Council service centre in Darfield, Lincoln, Leeston or Rolleston.
What is a further submission?
The further submission consultation is an opportunity for affected parties and people with certain interests, or local authorities, to comment in support of or opposition to the original submissions received.
A further submission consultation is not a call for new submission points and topics. A further submission can only be made on an original submission or submission point.
How many submissions were made on the notified Proposed District Plan variation?
We received a total of 118 submissions.
Who can make a further submission?
You can make a further submission if you are:
If you have any queries about the submission process, please contact a Friend of Submitter service, provided by the Ministry of Environment. Contact Jane West at selwynmdrs@jwest.co.nz or call (03) 324 3324.
How can I make a further submission?
We encourage everyone to lodge their further submission electronically by using our online submission form for “Part A” (Proposed District Plan variation) and/or “Part B” (private plan changes variations), depending on which original submission you wish to support or oppose.
If that’s not possible you can make your further submission by downloading and printing a further submission PDF form or pick it up at Council libraries and service centres.
Once you have filled in the hard copy form you can:
Written submissions must be submitted on the Council further submission form, or on Form 6 of the Resource Management Act 1991. Your submission must state whether you want to present your views at a Council hearing.
If you make a further submission you must send a copy of your further submission to the person who made the original submission, within five working days of lodging it with the Council. If you have made a further submission on a number of original submissions, then you will need to send copies of your further submissions to each original submitter.
Submitters’ contact details can be found within the ‘Summit Up’ database (under ‘Submitter ID’):
When does the further submission consultation period close?
The further submission period is only open for 10 working days as required by the Resource Management Act 1991. We must receive your further submission by 5pm Friday 18 November 2022.
What happens next?
Once we have received all further submissions, we will consider all the submissions in detail and produce a series of Officer Reports with recommendations regarding the submission points made.
Hearings utilising the intensification streamlined planning process provided by the Amendment Act on the submissions to the Intensification Planning Instrument will occur in April-May 2023. Anyone who has made a submission will have the right to attend the hearings and present their submission should they wish to do so. The Council will notify a decision on the variations by 20 August 2023.
There is no right of appeal to the Environment Court on decisions on submissions to the Intensification Planning Instrument.
About the new housing intensification rules
- the National Policy Statement on Urban Development (NPS-UD) and
- the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021.
- mandatory Medium Density Residential Standards (MDRS) for relevant residential zones. These new standards allow people to develop up to three homes, each up to three storeys high (11 metres) on most sites without the need for a resource consent. Exemptions will apply based on qualifying matters set out in the National Policy Statement on Urban Development (NPS-UD), such as heritage areas and protecting nationally significant infrastructure. It’s important to note that the medium density standards are optional. It will be up to landowners to decide if they wish to develop the land to the permitted standards, or to a lesser level of density.
- a new planning process which Tier 1 councils must use to implement intensification policies quicker. This process is called the Intensification Streamlined Planning Process (ISPP). This means, while the public will have an opportunity to make a submission on the proposed changes, there will be no right of appeal to the Environment Court.
Why are we making changes to the Proposed District Plan and certain private plan changes to the Operative District Plan?
Since 2020, central Government has reset the rules for how residential areas can grow, and introduced two pieces of legislation that tell councils how they must make that happen:
Among other things, the new rules require five of the largest urban environments in New Zealand, also called ‘Tier 1 councils’, which includes Selwyn district, to encourage housing supply. This is to be done by introducing medium density residential standards via a new Medium Density Residential Zone in relevant residential areas.
The changes set out by Government to encourage housing supply are not optional. Local councils must make changes to their district plans – ‘planning rule books’ to allow for more housing and at greater heights in relevant residential areas. In Selwyn, this means changing both the Proposed District Plan, notified in 2020 but not yet fully operative, and those private plan change requests to the Operative District Plan that have already been decided.
What are the key changes required by the legislation?
Key changes introduced through the housing intensification rules include:
Tier 1 councils must publicly notify the new rules and policies enabling medium density and intensification in their district plans by 20 August 2022 and for Selwyn district, decisions must be released by 20 August 2023.
For more information on the legislation check the Ministry for Environment’s information sheet.
Can the Council say no to the Government’s changes?
No, we cannot. We are directed by law to implement both the NPS-UD and the Enabling Housing Supply Act and make changes to the district’s planning rulebook. The changes made by the Government are mandatory and we must comply with legislation.
- PC68 and PC72 in Prebbleton
- PC69 in Lincoln
- PC71, PC73, PC75, PC76 and PC78 in Rolleston.
What current private plan changes are being varied?
Current private plan changes that have requested residential rezoning within Rolleston, Lincoln and Prebbleton and are to be varied to align with the Amendment Act include the following private plan changes (PC) to the Operative District Plan:
All eight of these plan changes have already been through a public consultation process and have had a decision made by Council, but now need to be amended to include Medium Density Residential Standards, except where a “qualifying matter” applies.
About the variation to the Proposed Selwyn District Plan
- All the existing General Residential zones in Rolleston, Lincoln and Prebbleton.
- Land covered by the following Council-approved private plan changes (PC) to the Operative District Plan: PC68 and PC72 in Prebbleton, PC69 in Lincoln and PC71, PC75, PC76 and PC78 in Rolleston.
- The Housing Accords and Special Housing Area and COVID-19 Recovery (Fast-track Consenting) areas in Rolleston.
- 47 hectares of rural land (on six different sites) within the Future Development Area that are in between existing residential and private plan change areas in Rolleston.
What is a variation and how does this relate to the current Proposed District Plan process?
A ‘variation’ is a planning term for changes to a proposed district plan that is not yet operative (in effect). This happens when changes need to be made to ensure the plan is current and complies with relevant legislative requirements.
The proposed changes are clearly identified in the Proposed District Plan, both in the text and maps. Some of the provisions are required by the new legislation to have immediate effect from the date of notification. These are identified with an orange gavel symbol.
What are the proposed changes to the notified Proposed District Plan?
To comply with the law, we are introducing a new Medium Density Residential Zone on the following land:
The land covered by PC73 in Rolleston will not be included in the variation to the Proposed District Plan, but will be subject to a variation to the private plan change.
How much more residential housing will be available through the variation to the Proposed District Plan?
While the proposed changes will give the option for a much greater supply of housing across Selwyn’s main townships, it is uncertain how many additional homes will be built given that this will be up to individual landowners.
How can I see what the proposed changes are to the notified Proposed District Plan?
To view the proposed changes, you need to open up the Proposed District ePlan and select “read entire plan” on the homepage. In the left hand panel within a blue dashed box, click on “select” under the heading “Select to view variations on or post consultation” and then click “Variation 1 to the PDP” in the pop-up box. Then at the top of the page click 'show variation change'. Sections marked with a blue dashed line are affected by the variation. Any added text is shown with a green highlight and underlined, and any deleted text with a red highlight and strike through.
To alert ePlan users to which chapters or particular rules in the variation to the Proposed Plan have immediate legal effect, a note at the beginning of the chapter (like the one below) and an orange gavel symbol next to the relevant provision have been added.
What changes to the Proposed District Plan have immediate legal effect?
The medium density residential standards (MDRS) have immediate legal effect in the current residential zones in Rolleston, Lincoln and Prebbleton. Any new areas proposed to be rezoned to a Medium Density Residential Zone or areas subject to a “qualifying matter” do not have legal effect from the date of notification on 20 August 2022.
Why are housing intensification rules being considered only for residential land in Rolleston, Lincoln and Prebbleton, but not in other townships, such as West Melton?
Currently we don’t believe the township of West Melton is suitable for this type of development. The new legislation requires intensification rules to be applied to relevant residential zones in the ‘Urban Environment’ and to townships with a population of over 5,000 people as at the 2018 Census.
The ‘Urban Environment’ for Selwyn is the Greater Christchurch area. While West Melton is in the Greater Christchurch area, its population as at 2018 is under 5,000. The other factors going against West Melton include its distance to Christchurch, its urban form with larger sections and lack of public transport routes.
However, housing intensification in West Melton could be considered in the future through other planning processes, such as the spatial plan for the Greater Christchurch area.
Why are we making changes to these eight private plan changes to Operative District Plan?
The new housing intensification rules also require councils to vary private plan changes to the Operative District Plan that were notified prior to the new legislation coming into effect (20 December 2021) to incorporate Medium Density Residential Standards (MDRS) in relevant residential zones to align with the Amendment Act.
The Council must notify the variations to these private plan changes at the same time it notifies its own variation to the Proposed District Plan.
Some of these eight private plan changes could still be appealed or are currently under appeal. What does this mean for the development of the land - can the land be developed once the variations are notified on 20 August 2022?
Land affected by Council-approved private plan changes will be able to be developed on after the variations are notified on 20 August 2022. The exception is those private plan changes where the appeal period remains open or any appeal remains unresolved.
However, as the land subject to these private plan changes is ‘new’ residential land only rules under the Operative District Plan apply. The Medium Density Residential Standards will not have immediate legal effect within these areas from the date of notification of the variation.
About medium density standards
What are the Medium Density Residential Standards (schedule 3A of the RMA)?
The Medium Density Residential Standards (MDRS) are outlined in Schedule 3A of the RMA and the table below. They permit up to three houses, of up to three storeys high (11m plus 1m for pitched roof) per site in relevant residential areas, without the need for a resource consent provided the standards listed below are met.
Density standard |
|
|
Number of residential units per site | Maximum | 3 |
Building height | Maximum | 11 m + 1 m for pitched roof where the roof slopes 15° or more. |
Height in relation to boundary | Maximum | 4 m + 60° recession plane, excludes road boundaries and common walls. |
Setbacks | Minimum | Front yard: 1.5 m Side yard: 1 m Rear yard: 1 m (excluded on corner sites) |
Building coverage* | Maximum | 50% of the net site area * Building coverage means the total area of buildings at ground floor level plus eaves and any other overhangs. |
Outdoor living space | Minimum | Ground floor: 20m2, 3 m dimension Above ground floor: 8m2, 1.8m dimension |
Outlook space (per unit) | Minimum | Principal living room: 4 m depth, 4 m width All other habitable rooms: 1 m depth, 1 m width |
Windows to street | Minimum | 20% glazing of the street-facing facade |
Landscaped area | Minimum | 20% of the developed site with grass or plants or trees. |
DRS developments must still meet all other non-density or built form related provisions in the Operative and Proposed District Plans, otherwise resource consent may be required. For example, you may need to get a consent for earthworks related to your development. Building consent requirements still apply.
The legislation also requires the density and building height to be amended (where necessary) in Neighbourhood Centre, Local Centre, and Town Centre Zones that are adjacent to residential zones. This is to ensure the density in these commercial areas is compatible with the permitted density of the adjacent residential areas.
For more information on Medium Density Residential Standards check Ministry for Environment’s guide https://environment.govt.nz/publications/medium-density-residential-standards-a-guide-for-territorial-authorities/.
When do the Medium Density Residential Standards apply?
The standards have immediate legal effect from the date of notification on 20 August 2022, except where qualifying matters apply. This follows Government’s objective to simplify the planning process and make it easier and faster to build higher density housing.
An independent hearings panel will hold hearings on the submissions to the variation in early-to-mid 2023 and Council must notify a decision on the variation by 20 August 2023.
What if I want to build before the variation is operative?
Development proposals that meet the Medium Density Residential Standards (and are not affected by a qualifying matter) can proceed as a permitted activity from the date of notification on 20 August 2022.
Where proposals don’t meet the Medium Density Residential Standards and require a resource consent, applications will be considered against the Operative and Proposed District Plan provisions. However, the objectives and policies are required to be given full weight, meaning they will be given priority over the Operative and Proposed Plans.
This doesn’t apply to sites where qualifying matters are proposed until a decision has been reached. For development proposals on sites where a qualifying matter applies or the site is within a proposed new Medium Density Residential Zone area, the applications will be assessed against the Operative and Proposed District Plans, until Variation 1 is operative.
Do I still need to apply for resource consent?
Compliance with the MDRS doesn’t exempt landowners from complying with all other relevant Operative and Proposed District Plan provisions. Where rules in the district plans can’t be met, resource consent is required. Building consent requirements also apply.
What do you mean by density?
When we talk about density we’re talking about how compact the housing in our district is. For example, the size of our sections and how many storeys high we can build.
Low density is typically large sections, for example 800m2 with a house and a large backyard. Higher density can be smaller sections or multi-level townhouses.
When can I expect to see higher density of housing in my neighbourhood?
Enabling higher density housing does not mean it will happen, or that it will happen in all the relevant residential areas at once.
The variation to the Proposed District Plan only creates opportunities for greater housing intensification, but it will not require that it occurs when a development is proposed. The District Plan contains other planning rules that developments need to comply with relating to earthworks, natural hazards, protection of significant natural areas etc.
It is largely up to developers and landowners what type of housing gets built and where – within the rules. They have other matters to consider including the financial viability of development. This viability is informed by factors such as market demand (are there enough people that want those types of houses to sell them all), land prices, the cost of building materials, construction sector capacity, infrastructure servicing, and site topography.
How does the Amendment Act affect subdivision?
The Amendment Act also includes rules about subdivision. In the relevant residential areas, there is no minimum lot size, provided it is achievable to construct a residential unit to the MDRS on every allotment within the subdivision.
Why can land be developed once the variations are notified?
Because the Council has already approved the rezoning of the land under the Operative District Plan.
About qualifying matters
- - Lincoln (only)
- TRAN-R4 Vehicle Crossings
- TRAN-R6 Parking, manoeuvring and loading areas
- TRAN-REQ4 Siting of vehicle crossings
- TRAN-REQ16 Vehicle manoeuvring
- TRAN-TABLE4 Vehicle crossing distances from intersections
- - State Highway and Railway Network Noise Control Overlays in Rolleston (only)
What are ‘Qualifying Matters’ and where do they apply?
The Government allows for some exemptions that may allow the Council to modify required MDRS. Called ‘qualifying matters’ they are the characteristics within some areas where building heights and density may be limited.
Qualifying matters may include such things as sites of cultural, historic, or ecological significance or areas with natural hazards.
The Council has identified the qualifying matters within the relevant residential zones of Rolleston, Lincoln and Prebbleton townships. They are outlined in the table below and can be viewed on the Proposed District Plan planning maps or in the relevant chapter of the Proposed District Plan.
The qualifying matters have been justified in the section 32 report for Variation 1. You can read the Section 32 report ‘Variation 1: Housing Intensification at www.selwyn.govt.nz/yoursay.
Qualifying Matter Areas comprise the following:
Feature | Description | Qualifying Matter Type |
Heritage Item Overlay | Identifies a property where an item or items of historical heritage are located. | 3.32(1)(a) / s77I(a) – Matter of national importance that decision makers are required to recognise and provide for under section 6 |
Heritage Item Setting | Identifies the area of a property which contributes to the heritage values of a historical heritage item or items. | 3.32(1)(a) / s77I(a) – Matter of national importance that decision makers are required to recognise and provide for under section 6 |
Notable Trees Overlay | Identifies a property where a notable tree or trees are located. | 3.32(1)(a) / s77I(a) – Matter of national importance that decision makers are required to recognise and provide for under section 6 (part of historic heritage) |
SASM Ngā Wai Overlay | Identifies the location of Ngā Wai areas. | 3.32(1)(a) / s77I(a) – Matter of national importance that decision makers are required to recognise and provide for under section 6 |
Waterbody setbacks, incl. esplanade reserves and strips | NATC-R1 and NATC-R2 apply minimum setbacks for earthworks and buildings in proximity to surface water bodies to preserve their natural character and to recognise their cultural significance to Ngāi Tahu. | 3.32(1)(a) / s77I(a) – Matter of national importance that decision makers are required to recognise and provide for under section 6 |
State Highway and Railway Networks | The following provisions are deemed to be qualifying matters insofar as they seek to ensure the safe and efficient operation of the state highway and railway networks: | 3.32(1)(c) / s77I(e) - Matter required to ensure the safe or efficient operation of nationally significant infrastructure |
Noise Control Overlay | A spatial boundary line within which the subdivision of land and/or the location of activities sensitive to noise near identified important infrastructure is managed so that the continued operation of identified important infrastructure is not compromised and reverse sensitivity issues are addressed. | 3.32(1)(c) / s77I(e) – Matter required to ensure the safe or efficient operation of nationally significant infrastructure |
Designations | A designation is a planning technique used by Ministers of the Crown, local authorities, and network utility operators approved as requiring authorities under s167 of the RMA. | 3.32(1)(e) / s77I(g) – The need to give effect to a designation |
Significant Electricity Distribution Lines | Identifies the location of Significant Electricity Distribution Lines which are defined as Important Infrastructure. | 3.32(1)(h) / 77I(j) – Any other matter that makes higher density development inappropriate in an area |
Financial contributions
How will the changes to density be paid for?
The Council is currently considering whether both development and financial contributions will apply to pay for the infrastructure that is necessary to support an increase in housing density. If financial contributions are proposed to be introduced, this will occur via a separate plan change to the district plan at a later stage.
Appeal process
Can I appeal the Council decision on the variation to the Proposed District Plan?
No, there is no ability to appeal the Council’s decision on the variation to the Environment Court. An appeal may be made to the High Court on a point of law.
When can we now expect the Proposed District Plan to become operative?
The Council must notify a decision on the changes to the Proposed District Plan by 20 August 2023. Decisions on submissions on the Proposed District Plan will be released at the same time. This means we expect the Proposed Plan to become operative soon after that.
Why is it going to take so long for the Proposed District Plan to become operative when originally it was expected at the end of 2022?
We are required to do the variation to the Proposed Plan and this has taken time. We needed to make sure that the variation covers all the requirements and proper process is followed.
About District Plan review
How does the variation affect the District Plan Review?
The District Plan Review process has been ongoing for several years. In October 2020 the Proposed District Plan was notified for public submissions. The submissions on the Proposed District Plan will continue to be heard separately to submissions on the variation, which follows an intensification streamlined planning process. However, as the Proposed District Plan hearings are almost complete, the Council has decided to align the decision making process with Variation 1 and release decisions on both processes together, prior to 20 August 2023.