National Policy Statement Urban Development (NPS-UD)

The NPS-UD 2020 sets out the objectives and policies for planning for well-functioning urban environments under the Resource Management Act 1991, instructs Councils to prepare and make publicly available a Future Development Strategy in time to inform the 2024 long-term plan and to prepare an Intensification proposed plan or plan change to implement policy 5.

The draft Whakamahere Whakatū Nelson Plan

Council sought feedback on the Draft Nelson Plan through drop-in sessions around Nelson as well as online and public meetings and received over 300 individual items of feedback. Growth was the key issue for submitters, who expressed strong support for the draft growth provisions, particularly around growth and intensification of housing. A large proportion of feedback received was on the draft Residential zones, with the majority supporting changes to the General residential zone.

Nelson Future Development Strategy 2022-2052 (NTFDS) initiated

Nelson and Tasman Councils begin developing the NTFDS which 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.

Pause of Whakamahere Whakatū Nelson Plan, Start of Plan Change 29

The Council decided to pause the release of the Whakamahere Whakatū Nelson Plan, primarily due to the risk that new legislation will require significant changes to plans. Instead, officers would make changes in the short term under the existing Nelson Resource Management Plan to introduce more flexibility around housing policies and rules in response to population growth and demand for housing in the region, and to fulfill Council’s obligations under central government’s National Policy Statement for Urban Development (NPS-UD) 2020.

Council workshop - Draft Plan Change

A preliminary draft of Plan Change 29 based on Whakamahere Whakatū Nelson Plan content was presented to Council. Officers sought direction from elected members on heritage, natural hazards, and guidance for the scope and extent of Plan Change 29.

Council Meeting - Preferred Planning Pathway

Officers sought a decision from the Council on the preferred planning pathway, confirming the use of the standard First Schedule of the Resource Management Act for processing Plan Change 29 following public notification. At this Council meeting, officers were also directed to present further information at a future workshop on climate change approaches and an assessment of a perimeter block development, an alternative housing form (as presented by community action group Nelson Tasman 2050).

Nelson Tasman Future Development Strategy adopted

The NTFDS directs growth in Nelson towards intensification of existing urban areas rather than continued expansion onto new greenfield sites. It established recommended heights and densities for redevelopment for the long-term, directed a new high density residential zone in and around Nelson’s key commercial centres and additional housing opportunities in commercial zones.

Council Workshop - NTFDS directions confirmed

Council directed officers to implement the NTFDS heights and densities into the Plan Change, including a High Density Residential Zone. At this workshop, the climate change approach of Plan Change 29 and an analysis of Perimeter Block Development was presented.

Council Workshop - Draft Plan Change approved for formal statutory consultation

At a council workshop on 13 September officers sought Council direction on the release of Plan Change 29 to stakeholders and iwi partners.

Formal consultation under Section 3 (1) of the First Schedule of the RMA

A draft Plan Change was released to iwi partners, government ministries, and key stakeholders for feedback. Feedback received from stakeholders was generally positive, there was support for the direction taken towards providing for a more enabling and flexible approach to housing opportunities within Nelson’s existing urban areas. Suggestions for improving some provisions were provided and led to refinements. As a result, Plan Change 29 was amended to improve the consistency of like rules across chapters, improve some assessment matters of rules to clarify intent, better align policies with the direction of rules, and align provisions with best practice and/or national standards in key areas (e.g. management of electricity infrastructure).

Council workshop with new term of Councillors

Draft Plan Change 29 was presented to the new term of Council, including an overview of consultation feedback. At this meeting, Officers were directed to implement the Ministry for the Environment's interim guidance on the use of new sea level rise projections in relation to identifying the boundary extent of intensification benefits.

Council Workshop - ePlan introduction

At a Council workshop on 20 July, officers provided elected members with an introduction and overview of ePlan and discussed the Plan Change content and notification process.

Plan Change 29 - Publicly notified

Officers prepared a comprehensive notification package designed to exceed statutory obligations including a free ‘friend of the submitter’ service provided by the Council to remove barriers and foster participation in the plan change process, a dedicated Shape Nelson web page, publication of a summary Notice in the Nelson Mail, Our Nelson and a community newspaper, targeted social media and advertising campaigns, publication of the summary of the Plan Change and FAQ in Our Nelson during the consultation period, a media briefing session, community drop-in sessions held at the Nelson Market and council offices, and material and assistance available at the Customer Service Centre and each library in the region.

Saturday Market - Community drop-in

Council Officers and Elected Members held a drop-in session at the Nelson Market, the feedback received was that Nelsonians were feeling overwhelmed by the complexity of changes, the scale of change, and the huge amount of documentation.

Community Meeting held

A public meeting was held at the Trafalgar Centre, where hundreds of community members gathered to learn more about Plan Change 29 and ask questions regarding the changes and the process. During the meeting, Mayor Nick Smith announced that the deadline for submissions would be extended by six weeks, and that 10 neighborhood drop-in sessions would be held.

Submission extension notified

Due to expressions of interest, the Council agreed to extend the submissions period by a further six weeks to Tuesday 31 October 2023.

Informative neighbourhood meetings

Throughout the extened notification period, Council held a series of informative neighbourhood meetings and an online webinar aimed at engaging the community in discussions about Plan Change 29. These meetings, chaired by elected members, provided residents with the opportunity to learn more about the proposed changes for their individual neighbourhoods, plus ask questions and find out more about the submissions process. In addition to these meetings, Council planners were available at specific times and days at the region’s libraries to meet one-on-one with people who had questions.

Submissions closed

On Tuesday 31 October 2023, Council received 880 submissions, 401 submitters indicated they wish to be heard at the Hearing.

Summary of Submissions

Council officers carefully read each submission made on Plan Change 29 to produce a summary of submissions that paraphrases each submission and lists the main points made by each submitter, including their reasons and what outcome they seek from the hearing panel’s decisions.

Summary of Submissions and Further Submissions

Council must publicly notify the decisions requested by submitters. Following the notification of the summary of submissions, there is an opportunity to make further submissions. A further submission is limited to a matter in support of, or opposition to, an original submission. Under clause 8 of Schedule 1, further submissions on publicly notified proposals can only be made by persons who are representing a relevant aspect of the public interest or persons who have an interest in the proposed policy statement or plan that is greater than the interest the general public has. The further submission period is no longer than 10 working days from the date the summary of submissions is notified (unless the period is extended under section 37 of the RMA). The Friend of Submitters service is available to submitters who require additional help to make a further submission.

Further submissions summarised

When the council has received all the submissions, and any further submissions, council officers prepare a report that includes a summary and analysis of the submissions and further submissions.

Council Workshop - preliminary residential zoning changes

Council officers provided elected members in a workshop on 12 April an update on the Hearing Panel and further submissions, preliminary residential zoning changes being considered, heritage update, and noise-reducing measures for houses next to SH6.

Council workshops

At a Council workshop on 17 May 2024, Officers presented revised residential zoning changes being considered to Elected Members. At a Council workshop on 31 May, Officers discussed officer recommendations for Heritage, Natural hazards - Slope instability, liquefaction, fault and flood, Noise, and Residential.

Preparation of reports

Section 42A reports are prepared before a hearing, reports will be made available on Monday 24 June, and include the reasons for accepting or rejecting submissions made on any plan change provision. Council officers must give a decision on the provisions and matters raised in submissions, including the reasons for accepting or rejecting the submissions. Importantly, there is no requirement to give a decision that addresses each submission individually if they can address the submissions by grouping them according to the provisions of the proposed statement or plan to which they relate.

Expert evidence

If submitters intend to call expert evidence, the council requires it to be provided no later than midday, Wednesday 10 July 2024 . In these situations, the council will make this evidence available for other parties to read and may hold expert conferencing before the hearing especially if the experts disagree.

Rebuttal evidence and legal submissions

Parties have the right to offer rebuttal evidence in to counteract (rebut) other evidence received. Any rebuttal evidence is to be emailed to the Council no later than midday, Monday 19 August 2024.

Any opening legal submissions must also be sent to Council in advance of the hearing, preferably no later than midday, Wednesday 21 August 2024.

Hearing

The hearing began on Monday 26 August to provide submitters the opportunity to expand on the points raised in submissions or to explain the evidence provided.

You will be able to find the live stream recording of the hearing at this address: https://www.youtube.com/user/NelsonCouncil

The hearing panel's role is to listen to submitters’ arguments for and against the Plan Change and recommend final approval of the Plan Change to the Council.

Council reply

Council staff issued their Right of Reply on 18 October for all topics below, except the Geotechnical reply, which will be issued on 27 November. The Council reply can be found in the Hearing Portal, under Council Hearing Documents (the replies are below the relevant S42A headings).

Key topics to be addressed in Council's reply include:

• Regional Policy Statement Analysis
• PC28/PC29 overlap matters
• Shading/sunlight implications of zoning change
• Kanga Ora zoning
  
• Manuka Street Hospital schedule
  
• Activity status of new buildings in the City Fringe
• State Highway Noise
  
• Heritage adjoining rule (18T/19T)
  
• Church Hill Viewshaft
  
• Flooding
• Geotechnical mapping updates

Geotechnical reply

Council's reply for Geotechnical matters is due to the panel on Wednesday 27 November 2024.