WCC District Plan: Clarification as to Permitted Cultivation
Wellington RatePayer made this Official Information request to Wellington City Council
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From: Wellington RatePayer
Dear Wellington City Council,
As per other LGOIMA requests made today, the applicability and intended interpretations of the latest district plan’s rules and standards are unclear, requiring clarification.
In the Interpretations section of Part I of the current 2024 District Plan, the following terms are defined:
EARTHWORKS:
means the alteration or disturbance of land, including by moving, removing, placing, blading, cutting, contouring, filling or excavation of earth (or any matter constituting the land including soil, clay, sand and rock); but excludes gardening, cultivation, and disturbance of land for the installation of fence posts.
CULTIVATION:
means the alteration or disturbance of land (or any matter constituting the land including soil, clay, sand and rock) for the purpose of sowing, growing or harvesting of pasture or crops.
RURAL ACTIVITIES:
means the use of land and/or buildings for agricultural, pastoral, horticultural, and forestry activities (not covered by the NES-PF); and includes:
a) the storage of products and initial processing as an ancillary activity of horticultural and agricultural products produced on the site; and
b) the storage and disposal of solid and liquid animal waste.
Intensive indoor primary production, rural industry, quarrying and mining activities, top soil stripping and turf farming are excluded.
With the above definitions in mind, could WCC please confirm -- or provide an evidenced rebuttal to the contrary -- as to whether farmers and other residents of the Rural Zone retain their traditional rights to maintain and work their farms?
Our interpretation of the terms, rules and standards is as follows:
a) "rural activities" permitted in the rural zone include "agriculture" and "pastural activities"
b) "agriculture" and pastural activities include "cultivation"
c) "cultivation" includes the disturbing of the land, turning it, and reforming the "soil, clay, sand and rock" subsoil as required for drainage or other common agricultural and pastural preparation activities prior to resowing, growing or harvesting of pasture and crops grown on it. Note that we are making clear distinction between working a field which may temporarily expose subsoil "clay sand or rock" but is recovered by topsoil prior to resowing, and "top soil stripping and turf farming" as defined under Rural Activities.
d) the definition of "earthworks" excludes "cultivation" and therefore cultivation is not subject to limits on "placing, blading, cutting, contouring, filling or excavation of earth (or any matter constituting the land including soil, clay, sand and rock)".
e) "rural activities" and its sub activity, "cultivation", remains and will continue to remain Permitted activities under GRUZ-R1 of DP2024
And -- noting that it would be clearly impossible to farm if only permitted to cultivate only 250m2 per year -- remain exempt from Standards defined to constrain earthworks.
Thank you for the clarification as to WCC’s intent to continue to support rural activities, and cultivation in Wellington’s rural zones.
And if WCC is no longer supporting farmers, what is the intended expectations on farmers in Wellington's Rural zone, and the processes WCC expects them to follow?
For example, are they required to file a Resource Consent before they turn more than 250sq.m2 a year of soil?
If an existing farm, with existing practices, are they except from requiring consent? Is it by default exempted, or is it lost if they don't apply for an exception before a certain duration has expired (e.g.: 6 months from when the district plan coming into effect)? For how long is an exemption granted? Does it expire? When it expires, what consent will they be required to obtain to continue to farm, cultivate, prepare paddocks for horses and cattle, etc.?
Thank you for the clarification as to intent, interpretation, and any new processes expected of rural rate payers.
From: BUS: Official Information
Wellington City Council
Kia ora
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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-6859
Please contact us if you have any further questions.
Kind regards
Official Information Team
Email: [email address]
Wellington City Council | W Wellington.govt.nz | |
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From: Wellington RatePayer
Dear BUS: Official Information,
So sorry to pile it on - but this one too is long overdue.
However we don't want you to rush - it's late already - we would much prefer an informative and helpful answer, as it has import to a number of Wellington residents and rate payers.
Thank you.
Yours sincerely,
Wellington RatePayer
From: BUS: Official Information
Wellington City Council
Kia ora
Thank you for contacting the Wellington City Council Official Information
& 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]
For CCTV requests, please send directly to [2][email address]
Many thanks
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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