Request for the MDRA Notification Test
The request was successful.
From: Tony Randle
Dear Wellington City Council,
I am interested in understanding the Notification tests that are applied to the Wellington District Plan MDRA zones.
Late in 2015, the WCC announced consultation on changes to establish MDRA zones to in the Wellington suburbs of Khandallah, Newlands and Island Bay (http://wellington.govt.nz/your-council/n...).
The "Draft Housing Choice and Supply Plan Change – Karori and Tawa" was released in November 2015 to support the require changes to the District Plan (http://wellington.govt.nz/~/media/your-c...)
This document outlines the WCC proposed changes in a number of areas. It includes the following two statements:
* Maximum height 8m (with discretion to go to 10.4m in certain locations, subject to a notification test)
* Building Recession Planes = 2.5m/56º & 63º (depending on boundary orientation)
* Non-notification of applications if building standards are met
* Amend Policy 22.214.171.124 which discusses height breach considerations to further recognise in what instances these breaches may be considered acceptable"
The District Plan currently provides height restrictions within existing MDRA zones that range from 8 metres in Johnsonville to 10 metres in Kilbirnie. Discretion is also provided in Johnsonville to enable consideration of developments up to 3 storeys (10.4 metres) on a case by case basis, subject to a notification test.
Can the WCC please provide copies of the following information ?
1) A copy of the process that outlines how, when and who applies the "notification test" referred to in the above statements ?
2) A copy of the criteria that the WCC will apply under the "notification test" referred to in the above statements ?
3) A copy of the resource consents that have been subject to the "notification test" referred to in the above statements including the results of the notification test ?
4) A copy of the scope of the "notification test" for resource consents within MDRA zones (i.e. is the notification test referred to applicable to all resource MDRA consent applications or are some applications excluded) ?
If this information is held in electronic form, it is preferred that it be provided in its complete and original electronic format.
From: BUS: IRO
Wellington City Council
Thank you for your email, sent to the Issues Resolution Office at Wellington City Council.
This email address is monitored daily. Your email will be assessed and actioned in due course.
We appreciate your patience.
Wellington City Council Issues Resolution Office.
From: Chris Brown
Wellington City Council
Thank you for the below request, concerning MDRA Notifications.
I have spoken with the relevant Council Officers, and am able to provide
you with an answer to your request as follows:
Specifically, you asked for -
1) A copy of the process that outlines how, when and who applies the
"notification test" referred to in the above statements? and
2) A copy of the criteria that the WCC will apply under the "notification
test" referred to in the above statements?
Sections 95A to 95G of the Resource Management Act 1991 set out the
process for Councils to determine whether an application is to be notified
or processed on a non-notified basis. I have included a link from the
quality planning website and the NZ legislation websites (below) which set
out the notification tests under the Act. Of particular relevance to the
criteria are sections 95A and 95B. In terms of who applies who the
notification test, this is undertaken by the Council’s consent planners
who have the appropriate delegation to determine the application.
Further to the tests set out in legislation it is worthwhile to note that
within the MDRA areas, multi-unit developments are anticipated for and
encouraged. For guidance the key matters that the consent planners will
consider when determining notification are the effects of the bulk and
location of structures, and traffic related effects. The issue of design
is often considered more in terms of the substantive decision to either
grant or decline the consent In this sense Council planners will be
guided by the policy expectations for the respective MDRA areas in
determining the appropriateness of future applications.
3) A copy of the resource consents that have been subject to the
"notification test" referred to in the above statements including the
results of the notification test?
Included as an attachment to this email are copies of the decision reports
for the multi-unit developments approved within the MDRA areas
(Johnsonville and Kilbirnie). Included within these reports are the
relevant notification assessments undertaken.
4) A copy of the scope of the "notification test" for resource consents
within MDRA zones (i.e. is the notification test referred to applicable to
all resource MDRA consent applications or are some applications excluded)
Currently the Council has two MDRA areas (Johnsonville and Kilbirnie).
Applications for medium density housing proposals are subject to the same
tests under the RMA as any other proposal which triggers a resource
consent (see above link for guidance) under the District Plan. The
attached decision reports provide examples of the scope of the
notification tests applied in the MDRA areas. It is too early in the
process in regards to the potential future MDRA areas as to whether any
specific non-notification provisions will be included in these plan
Chris Brown | Issues Resolution Officer | Legal and Risk | Wellington
P 04 801 3479
E [email address] | W Wellington.govt.nz | [IMG]|
IMPORTANT: The information contained in this email may be confidential or
legally privileged. It is intended solely for the recipient or recipients
named in this message. Please note that if you are not the intended
recipient you are not authorised to use, copy or distribute the email or
any information contained in it. If you have received this email in error,
please advise the sender immediately and destroy the original message and