The decision includes several changes affecting the City Centre and City Fringe areas:

• Rezoning: The Vanguard and St Vincent Street Industrial area has been rezoned to Inner City – Fringe, enabling a wider range of activities, including more intensive housing, commercial, and mixed-use development.
• Building Heights: The maximum building height has been increased from 15-20 metres to 24 metres within both the Inner City (Centre and Fringe) zones.
• Residential Activity: Clear direction to enable residential development in the Inner City (Centre and Fringe zone, with new standards introduced for:
  • Minimum size of residential units
  • Outlook space (ensuring a reasonable degree of privacy).
• New Rule Framework: A new framework for new buildings and larger modification to manage design and provide an appropriate level of streetscape amenity.

Plan Change 29 will result in some changes to objectives, policies and rules within parts of the Nelson urban area. This means that property owners in areas covered by the Plan Change (Residential, Suburban commercial Inner City and Industrial zones) may be affected by one or more of the changes. The changes mostly relate to enabling or constraining the use and development of land and buildings, standards for development, and whether or not a resource consent (permission from Council) is needed.

To understand how the changes may apply to your specific property:

If you're unsure how the changes may apply to your situation, it may be helpful to talk with a planning professional for tailored advice.

Council is not able to provide advice on how this decision may affect individual property values or insurance. We recommend that property owners seek professional advice from a qualified property valuer or insurance provider to understand any potential implications for their specific circumstances.

Read the Information for Property Owners supplied to Council from the Insurance Council of New Zealand.

As the proposed Slope Instability Hazard overlay and associated rule framework are rejected, the relevant provisions in the operative Nelson Resource Management Plan (NRMP) will continue to apply. The NRMP currently contains three slope risk overlays that guide where controls are imposed to manage the effects of slope instability. These are:

• Tahunanui Slump Core Slope Risk
• Tahunanui Slump Fringe Slope Risk
• Grampians Slope Risk

In the absence of the proposed changes, the existing NRMP rules and overlays relating to Slope remain in effect and continue to regulate development and land use within these areas.

Council has a legal obligation under the Local Government Official Information and Meetings Act 1987 (LGOIMA) to include known natural hazard information on Land Information Memoranda (LIMs) regardless of whether proposed hazard provisions are included in the District Plan.

If Council holds information about a natural hazard risk (such as slope instability), that information must be disclosed on LIMs. This responsibility is independent of the planning process and reflects Council’s duty to ensure that LIMs accurately reflect Council held information affecting the land.

Council regularly reviews and updates LIM information when new reports, assessments, or verified data become available. This helps ensure that property buyers and owners are informed of any known risks that could affect their land or future development.

Several key provisions of Plan Change 29 have not been approved, including:

• The new General, Medium, and High Density Residential Zones,
• Rules supporting papakāinga development (in the new residential zones),
• State highway noise provisions,
• Increased building heights in suburban commercial areas, and
• Most proposed changes to heritage and slope hazard overlays.

However, several important components have been approved, including:

• Increased building heights and revised development standards in the Inner City Centre and Fringe zones,
• Updated overlays and provisions for flood, fault, and liquefaction hazards,
• Provisions enabling papakāinga in the Inner City and Suburban Commercial Zones,
• Rezoning of the St Vincent and Vanguard Street area from Industrial to Inner City Fringe, and
• Bespoke provisions relating to the Manuka St hospital.

Please note, the above list is not a complete list of everything that was approved/rejected. Please see the hearing panel reports for a complete list.

For Fault: A new rule framework to manage fault risk based on the latest information available. The rule framework is based on the two new overlays, in addition to the existing overlay:

• Fault Deformation Overlay - indicates where deformation of the ground may occur due to fault rupture.
• The Fault Awareness Overlay - indicates areas where deformation of the ground may occur due to fault rupture, however in these areas the fault is poorly defined and there is uncertainty regarding the specific fault location.

For Liquefaction: A rule framework to manage liquefaction risk, based on the latest information available. The rule framework is based on a new overlay:

• The Liquefaction Hazard Overlay - indicates areas where liquefaction-induced ground damage is possible in a strong earthquake.

For Flooding: Three new and three amended flood overlays are introduced to capture the latest information.

• A new rule framework is introduced to manage the risk of flooding associated with the latest flood information.

As the Panel has rejected most of the heritage provisions, the heritage provisions (that took immediate legal effect) cease to apply when the decision on PC29 Submissions was notified (10th June).

The proposed State Highway acoustic insulation requirements have not been approved.

As a result, the operative Nelson Resource Management Plan (NRMP) remains unchanged and does not include provisions to manage the effects of road traffic noise on sensitive land uses. The status quo remains in place.

Under s86B of the RMA, rules in proposed plans have legal effect at different points in time. A proposed rule does not trigger the need for a resource consent until it has legal effect (86G of the RMA).

When PC29 was notified for submissions (August 2023), the only provisions that had immediate legal effect were the Heritage provisions. As above, the heritage provisions have largely not been approved and as such, they have no legal effect from the 10^th June (when the decision was notified).

Once Council publicly notified the decision on PC29 on 10^th June, the provisions that are part of that decision will have legal effect under the RMA (Clause 10 (5), Schedule 1 and Section 86B of the RMA). This means that, although PC29 is not yet operative, the notified provisions (as modified by the PC29 decision) must be considered and applied as proposed plan provisions, alongside the operative plan when determining whether resource consent is required or not, and assessing any such resource consent applications or other planning decisions. The weight given to these provisions will depend on a number of matters, including whether they are subject to appeal, with unchallenged provisions treated as operative once the appeal period ends (section 86F of the RMA).

To view the decision version of PC29 provisions, please see our ePlan.

The Resource Management Act 1991 requires that all Councils hold management plans that set out how Councils will manage growth, development, management and protection of the built and natural environment. In Whakatū Nelson, the current operative plans are the Nelson Resource Management Plan, the Nelson Regional Policy Statement and the Nelson Air Quality Plan.

The Nelson Resource Management Plan was developed in the 1990s and became fully operative in 2004. Changes have been made to it since then to update it and ensure that it continues to meet the needs of the community whilst managing natural and physical resources sustainably.

To make changes to an operative resource management plan like the NRMP, Council must go through a plan change process that is set out in the Resource Management Act (RMA). The process includes analysis of options and alternatives for effectiveness and efficiency to meet the requirements of the RMA, iwi, stakeholder and public consultation, and formal public notification, submissions and hearings processes.

The proposed housing plan change Plan Change 29 has been through the process set out in the RMA, but only up to the point of public notification. Public notification ensures that everyone has a further, formal opportunity to have their say on a proposal before it is formalised and becomes part of the Nelson Resource Management Plan.

Plan Change 29 is a housing, heritage and natural hazards plan change to the Nelson Resource Management Plan (NRMP).

The primary purpose of proposed Plan Change 29 is to provide for more enabling and flexible housing opportunities within Nelson’s existing urban areas.

To support those changes, updates to built heritage and natural hazards content of the NRMP are also being introduced. This can ensure that the new development does not result in a loss of Nelson’s built heritage values. Changes to natural hazards policies and rules can ensure that risks from earthquakes, landslides, and floods are appropriately managed for all new development.

The proposed changes to parts of the current Nelson Resource Management Plan in Plan Change 29 are being made because of Council’s decision in November 2021 to pause the draft Nelson Plan. The Nelson Plan was a whole plan review process that sought to replace all current operative resource management plans with a single resource management plan. The decision to pause the Nelson Plan was made due to the implications of central government’s resource management reform proposals.

More information about this can be found at shape.nelson.govt.nz/nelson-plan

Council initiated proposed Plan Change 29 in recognition that housing supply and affordability is a critical issue in Nelson. The content of proposed the Plan Change is based on relevant content developed through the Nelson Plan process, the feedback received from consultation on the Nelson Tasman Future Development Study, and the Government’s National Policy Statement on Urban Development.

Proposed Plan Change 29 is based on content originally developed through the draft Nelson Plan process, directions from the Nelson Tasman Future Development Strategy 2022 – 2052 , the requirements of the National Policy Statement of Urban Development 2020 and guidance from the Ministry for the Environment on sea level rise projections. It is also the result of much analysis and discussion of issues around how best to provide for housing intensification, supply, and choice.

Nelson Plan

The draft Nelson Plan process involved community, iwi and stakeholder engagement and consultation between 2014 and 2020, including public release of a draft Nelson Plan in late 2020.

More information about the Nelson Plan is available at shape.nelson.govt.nz/nelson-plan.

Content originally developed for the draft Nelson Plan process has been picked up and incorporated into the NRMP via proposed Plan Change 29. This includes the new general and medium density residential zones, changes enabling housing in commercial areas, and some of the heritage and natural hazards policies and rules.

The proposed Plan Change 29 high density zones, a new mixed-use Inner City - Fringe area (between St Vincent and Vanguard streets) and refinements to the medium density zone have been introduced following the adoption of the Future Development Strategy 2022 – 2052.

Natural hazards policies and rules have also been updated with new information since the Nelson Plan was paused.

Nelson Future Development Strategy 2022-2052 (NTFDS)

This strategy was developed jointly by Nelson and Tasman Councils and it sets out an approach to accommodating growth for housing and business demands for the next 30 years. The process involved iwi, stakeholder and public consultation between 2021 and 2022.

The NTFDS 2022 - 2052 directs growth in Nelson towards intensification of existing urban areas rather than continued expansion onto new greenfield sites. It establishes recommended heights and densities for redevelopment for the long-term future. These NTFDS directions were adopted by Council in August 2022 and informed refinements to the general and medium zones originally drafted through the Nelson Plan process. As noted, the NTFDS directed a new high density residential zone in and around Nelson’s key commercial centres and additional housing opportunities in commercial zones.

National Policy Statement for Urban Development 2020

Proposed Plan Change 29 must give effect to the National Policy Statement for Urban Development 2020. This national directive of central government sets out the requirements for Councils to provide for well-functioning urban environments that have enough housing capacity to meet long term growth and demand needs of communities. This has informed the pattern and extent of intensification provided for in proposed PC29.

Ministry for the Environment Guidance

Proposed Plan Change 29 has been informed by the Ministry for the Environment’s Interim guidance on the use of new sea level rise projections in terms of sea level rise and management of risk from potential inundation. This guidance updates an earlier document ‘Coastal hazards and climate change: Guidance for local government’ to reflect latest sea level rise scenarios from the Intergovernmental Panel on Climate Change and NZSeaRise.

The guidance informed Council in identifying land that could benefit from intensification and those areas where current planning rules would continue to apply because of the risk from future potential sea level rise effects. More information about the Ministry’s guidance can be found at https://environment.govt.nz/publications/interim-guidance-on-the-use-of-new-sea-level-rise-projections/

The proposed medium and high density zones aim to provide opportunities for intensification of Nelson’s existing residential areas to accommodate growth. Council has taken a long-term view of how Nelson ought to develop in the future, applying an ‘up, not out’ approach to growth. This is directed by the NTFDS 2022 - 2052 and national direction from central government in the National Policy Statement for Urban Development 2020.

By concentrating urban development close to key commercial areas such as the city centre, Council also aims to support initiatives in greenhouse gas emissions reduction. Encouraging people to live close to commercial centres, amenities and places of employment, can reduce demands on energy use for commuting and a reliance on private vehicles for transport. Intensification of our city centre and commercial areas such as Stoke can also help to revitalise those areas.

While it is true that Plan Change 29 provides a theoretical section yield that in parts of the city cannot be supported by current or planned infrastructure provision, key areas are infrastructure ready. As mentioned above, it’s important to keep in mind that intensification will not happen all at once.

Council is committed to working with developers to sequence preferred locations for growth and intensification projects and will monitor development trends to be responsive to any infrastructure deficits.

Some parts of Nelson that are currently zoned for housing are not being re-zoned to allow for intensification due to risk from current and future natural hazards.

This includes some areas that are affected by river flood risk, future sea level rise (potential coastal inundation risk), and slope instability. In some of these locations, the current NRMP zone rules and consenting will continue to apply to development opportunities in combination with any new and updated natural hazards risk overlays (mapped information), policies and rules.

Homeowners are encouraged to look at ePlan and check both the density standards for the zone and the natural hazard standards. This will generally mean that new dwellings that meet the new density standards will still require a resource consent because of the natural hazard risk.

If you are unsure and need help navigating ePlan and Plan Change 29, you can book a one-in-one appointment with a council planner. Please email environmental.planning@ncc.govt.nz or call 03 546 0200.

Proposed Plan Change 29 focusses on urban housing only. It provides for housing opportunities that can give effect to national direction under the NPSUD 2020 and the strategic directions set out by the NTFDS 2022 – 2052. Changes to enable more housing in rural and conservation areas are not within the scope of direction under the NPSUD 2020 and would not be consistent with the directions in the NTFDS 2022 – 2052.

Therefore, no changes are proposed to the provisions for the NRMP Rural Zone, Open Space and Recreation Zone, Conservation Zone and the Coastal Marine Area.

Council is taking some action to respond to Climate Change through proposed Plan Change 29, within the scope of providing for housing through a change to the Nelson Resource Management Plan (NRMP). The key actions that proposed plan change is taking to address climate change are:

• Intensification of existing urban areas, building ‘up, not out’ to reduce commuter distances;
• Providing for high-density and medium-density housing areas within walking distance of amenities, public transport routes and services;
• Ensuring active transport and micro-mobility access provisions are included in new developments to support housing intensification and encourage people to walk and cycle more;
• Ensuring that it is easy for people to be more sustainable, by enabling energy-efficient homes and small homes to be built in general residential areas (e.g. rainwater collection tanks and solar panels);
• Responding to potential sea level rise by limiting housing intensification in potentially affected areas.

Council’s climate change team is working on projects and initiatives outside of the scope of the NRMP to address future potential climate change risk. More information about other actions being taken to address climate change can be found at https://shape.nelson.govt.nz/climate-action-plan-te-mahere-mahi-te-ahuarangi

The main reason for proposed Plan Change 29 is to provide for more enabling and flexible housing opportunities. However, in doing this, Council must be satisfied that risk from natural hazards on new homes is managed appropriately. This includes using the most up-to-date information and expert knowledge to create overlays (mapped hazards information) and inform Plan Change 29 policies and rules. Updated information includes new information gathered since the August 2022 rainfall event.

Nelson City Council has extended the deadline for submissions to Plan Change 29 (PC29) in response to community feedback that people need more time to read the information. PC29 opened for public submissions on 11 August 2023 and was expected to close to submissions on 19 September 2023. The closing date has been extended until 31 October 2023, allowing an extra six weeks for people to make submissions.

Section 32 (s32) of the Resource Management Act 1991 (RMA) is integral to ensuring transparent, robust decision-making on RMA plans and policy statements (proposals). The section requires that:

• new proposals must be examined for their appropriateness in achieving the purpose of the RMA.
• the benefits and costs, and risks of new policies and rules on the community, the economy and the environment need to be clearly identified and assessed.
• the analysis must be documented, so stakeholders and decision-makers can understand the rationale for policy choices.

The evaluation report for Plan Change 29 can be found at https://shape.nelson.govt.nz/plan-change-29/section-32-evaluation-report.

A further submission is made either in support of, or opposition to, another person’s submission. Further submissions must be limited to the matters that were raised in the original submission. It gives you the chance to consider the impact an original submission may have on you and to have your views considered alongside the original submission.

This is a report that provides a concise summary of all decisions requested in submissions. Each submission has been numbered and every decision requested has been assigned a unique submission point reference number.

To make a further submission you must represent a relevant aspect of the public interest (e.g. public interest environmental groups) or have an interest in the proposed policy statement or plan greater than the interest that the general public has. (e.g. landowners and users of resources directly affected by plan provisions and iwi and hapu where their interests are directly affected).

If you fit the criteria above, this is an opportunity to voice your support or opposition to any submission you believe may affect you.

We are required to prepare a summary of original submissions and make this available to the public under clause 7, schedule 1 of the Resource Management At 1991. The summary is developed to assist you in understanding the submission points raised and to help you make further submissions.