Clarification of method of applying District Plan Rules and Standards
Wellington RatePayer made this Official Information request to Wellington City Council
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From: Wellington RatePayer
Dear Wellington City Council,
In the “General Approach” Section of the “How the Plan Works” within "Part 1 – Introduction and General Provisions” of the new 2024 District Plan, the following instruction is provided:
"The rules have the effect of regulations and set out the activity status for different activities that may be proposed. There may be a number of rules that apply. Each rule has a specific number; for example MRZ-R4.
Rules may refer to standards that need to be complied with. Again, there may be a number of standards that apply. Each standard has a specific number; for example MRZ-S4."
From the above statement we note that it is unclear if Rules have a relationship to one or more *specific* Standards, or all Standards must be complied with -- in which case there would be no reason to refer to any Standard from within a Rule.
For example, in the General Rural Zone:
ER-R3: Earthworks for the purposes of constructing and maintaining public walking or cycling tracks in Open Space and Recreation Zones
is defined as a Permitted activity where Compliance is achieved with EW-S9.
EW S9: Track width associated with the construction or maintenance of walking and cycling tracks in the Open Space and Recreation Zones
Noting that:
- no where within the the district plan’s Instructions, nor the text of EW-R3 or EW-S9 refer to any other Rule or Standard.
- EW-R3's text clearly states that the Rule is permitted when Compliance with EW-S9 is met.
Please confirm that the district plan, as currently published, permits making bike tracks of 1.5m width or less, even if surpassing limits defined in other -- but unspecified -- Standards (EW-S2, EW-S1, etc.).
If not, please provide an evidenced rebuttal clarifying why the above interpretation is incorrect, and that the other unreferenced Standards are applicable as well.
Thank you.
Yours faithfully,
Wellington RatePayer
From: BUS: Official Information
Wellington City Council
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From: BUS: Official Information
Wellington City Council
Kia ora Wellington RatePayer
Thank you for your email dated 4 August requesting information.
Our team will manage your request under the Local Government Official Information and Meetings Act 1987 which requires us to provide a decision as soon as possible, but no later than 30 August, being 20 working days of receipt.
The reference number for your request is IRC-6857
Please contact us if you have any further questions.
Kind regards
Official Information Team
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Wellington City Council | W Wellington.govt.nz | |
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From: Wellington RatePayer
Dear BUS: Official Information,
Same issue. Long overdue. However, we would prefer WCC takes the time to provide an informative and helpful answer.
Thank you.
Yours sincerely,
Wellington RatePayer
From: BUS: Official Information
Wellington City Council
Kia ora
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& Privacy Team. This is an automated acknowledgement of your email.
If you have submitted a new request, you will hear from us as soon as
practicable.
If your request is more a general enquiry, or for anything urgent, please
contact our Contact Centre on 04 499 4444 or email [1][email address]
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Official Information & Privacy Team
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From: BUS: Official Information
Wellington City Council
Tçnâ koe Wellington RatePayer
This response was answered on 30 August 2024. Last year we received one
request from you on 22 July 2024, three requests on 4 August 2024 and
another three on 8 August 2024.
The requests were logged as individual requests as follows:
o IRC-6800 – Planning Department: Consideration of Neighbours on consent
submittals
o IRC-6857 – Clarification of method of applying District Plan Rules and
Standards
o IRC-6858 – District Plan – Rural Zone and Rules Standards
o IRC-6859 – WCC District Plan: Clarification as to Permitted
Cultivation
o IRC-6884 – WCC District Plan: Definition of Tree
o IRC-6886 – WCC Planning – Error correction process
o IRC-6887 – LGOIMA Record Search Capabilities
The Senior Advisor (SA) who was responsible for responding to the above
requests ‘bundled’ the responses together, noting this decision in both
the letter and her email of response. Unfortunately, the SA was unaware
that requests from FYI.org.nz generated individual emails per request, and
therefore six of the seven requests ‘appear’ unanswered.
Our apologies for the confusion.
Nga mihi
Danika Morris-Brown
Senior Advisor Official Information
Ara Whaimana | Strategy and Governance
Te Kaunihera o Pôneke | Wellington City Council
E [1][Wellington City Council request email] | W [2]wellington.govt.nz
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2. http://wellington.govt.nz/
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