Plan Change 31 Operative
There were no appeals, Plan Change 31 became Operative on 23 February 2024.
Plan Change 31 process
On 4 May 2023, Council adopted a request for a Private Plan Change for Nelson Junction as Plan Change 31.
The opportunity to make original submissions on proposed plan change 31 closed on Tuesday 19 September 2023, with 6 submissions received. The opportunity to make further submissions on proposed plan change 31 closed at 4pm on Friday 13 October 2023 with 3 further submissions received.
A hearing was held on 4 December 2023, 3 submitters presented to the hearing panel. The Hearing Commissioners considered the matters raised in submissions and at the Hearing, and provided their recommendation to Council to approve the Plan Change without amendment. A copy of the decision report can be viewed in the document library.
At its meeting on 14 December 2023 Council agreed with the Hearing Commissioners recommendation and approved Plan Change 31 with no amendments.
If there are no appeals, Plan Change 31 will become operative on 23 February 2024.
What Plan Change 31 proposes
Plan Change 31 proposes to amend Rule N.3(3) in Schedule N (see attachment) in the Nelson Resource Management Plan (NRMP) which excludes supermarkets from the list of controlled activities in the Nelson Junction area, and a reference to Rule N.3(3) in Rule N.5, which makes supermarkets a non-complying activity.
As a consequence of this amendment, the definition of supermarket in Schedule N will be removed.
The rule that is proposed to be changed was inserted into the NRMP in 2006/2007 as a result of a submission from Foodstuffs New Zealand (South Island), to restrict supermarket development on the Junction site. This plan change was made prior to the Resource Management Act being changed to exclude trade competition matters from plan decisions.
Why Council has adopted this request for a plan change
Council wishes to make this change as there are now many other large format retailers on the site. Supermarkets are similar in character and effect and should not be excluded.
After the closing date for submissions (19 September 2023), Council will prepare and release a summary of the submissions lodged. There will be an opportunity to make a further submission in support of, or in opposition to, an existing submission made on Plan Change 31. If a submitter asks to speak in support of their submission, a hearing will be held.
Plan Change 31 can be viewed on ePlan, an interactive, electronic version of the Nelson Resource Management Plans (Regional Policy Statement, Air Quality Plan and the Resource Management Plan).