District Plan Changes/Variations | Hastings District Council

Does a variation have legal effect when considering an application for a Resource Consent?

Clause 16B(2) First Schedule of the Resource Management Act (RMA) provides that a variation has some effect on notification.

Case law based on that clause of the RMA confirms that the correct approach is:

That the Proposed District Plan provisions are disregarded, regardless of what stage they are at;
That the variation is afforded weight according to how far through the RMA process it is (for instance, if it has just been notified and awaiting submissions, minimal weight is applied; if a decision has been made, the variation is afforded closer to equal weight to the Operative Plan etc);
That the Operative District Plan is applied and given less weight as the variation moves through the process.

Active and completed variations

Nature of Variation/Plan Change	Status	Parts of the plan affected
Right homes; right place – Plan Change 5 Hastings District Council has prepared a change to the Hastings District Plan which will make it easier to build more houses on a site and assist with the provision for a greater range of housing types and affordable housing options in its Medium Density and General Residential Zones. Plan Change 5 will provide a more permissive approach to the consideration of housing developments in Hastings, Flaxmere and Havelock North by proposing: Allowing houses up to three storeys high; That the number of houses on a site be determined through using rules to control the portion of a site that can be covered by buildings, the amount of grass and landscaping on a site and the space allocated for outdoor living rather than using a site size minimum; Turning the Medium Density Design Framework into an assessment tool to help ensure good design outcomes; and If all the rules are met, that medium density developments can proceed without affected persons’ consent or neighbours approval.	Date notified: 29 October 2022 Submissions opened: 29 October 2022 Submissions closed: 25 November 2022 Summary of submissions are being prepared, opportunity for further submissions will be early in 2023. Further submissions opened: 25 March 2023 Make a further submission at www.myvoicemychoice.co.nz	Public notice Section 2.4 Section 2.6 RESZ - Residential Zones Overview MRZ - Medium Density Residential Zone Section 7.2 - Hastings Residential Environment Section 8.2 - Havelock North Residential Environment Section 9.2 - Flaxmere Residential Zone Section 30.1 - Subdivision and Land Development) Section 33.1 - Definitions Appendix 26 Appendices 27-29 Appendix 38 Appendix 60 Amendments to Hastings Medium Density Design Framework formerly Hastings Residential Intensification Design Guide Section 32 Summary Evaluation Report October 2022 Amendments to planning maps Stormwater Coefficient Review Report Public Notice - 25 March 2023 Summary of Submissions report by Topic Full Submissions 001 - 025 (A-D) Full Submissions 026 - 049 (E-H) Full Submissions 050 - 057 (I-L) Full Submissions 058 - 078 (M-P) Full Submissions 079 - 106 (Q-T) Full Submissions 107-118 (U-Z) Further Submission Form 6
Te Matā - Te Mata O Rongokako prohibited building area - Plan change 4 Hastings District Council has prepared a change to the Proposed District Plan to ensure that cultural and landscape values on the eastern face of Te Matā are appropriately protected . To this end a prohibited building area is being introduced, which affects the properties at 282 and 344 Waimarama Road.	Date notified: 22 October 2022 Submissions opened: 22 October 2022 Submissions closed: 21 November 2022 No further submissions received Summary of Submissions notified: 3 December 2022 Decisions on Submissions notified: 25 March 2023 Appeal period closes: 10 May 2023	Public Notice - 22 October 2022 Map of Prohibition Area for notification Section 17 Amendments Section 27.1 Amendments Section 32 Evaluation Report - Sept 2022 Appendix 43 Amendments Appendix 44 Amendments Public Notice - 3 December 2022 Summary of Submissions Public Notice on Decisions on Submissions
Plan Change 3 – Providing for Marae in the Rural and Plains Production Zones Plan Change 3 amends Section 5.2: (Rural Zone) and Section 6.2 (Plains Production Zone) of the Hastings District Plan. Currently the District Plan requires a resource consent for the establishment and development marae in these two zones. Plan Change 3 will provide a more permissive approach for marae in rural areas by identifying them as a permitted activity in the Rural Zone and the Plains Production Zone up to a maximum gross floor area of 1000m2.	Date Notified: 13 Feb 2021 Submissions Closed: 12 March 2021 Summary of Submissions Notified: 10 April 2021 Further Submissions Closed: 23 April 2021 Hearing date to be set	Public Notice Amended plan provisions for Plan Change 7 Section 32 Report Further Submissions Public Notice
Plan Change 2 - Engineering Code of Practice Plan Change 2 amends a number of sections of the partially operative District Plan to ensure that newly amended Engineering Code of Practice is correctly referenced in the district plan. The Plan Change also amends the roading hierarchy to reflect the New Zealand Transport Agency’s One Network Classification hierarchy	Date Notified: 25 July 2020 Submissions open: 25 July 2020 Submissions can now be made at: www.myvoicemychoice.co.nz Submissions close: 21 August 2020 No submissions Received Adopted by Council 8 December 2020 Operative Date 19 December 2020	Plan Change 2 – Engineering Code of Practice 2020 - Proposed Amendments to Hastings District Plan Section 32 Summary Evaluation Report Public Notice - Hawke's Bay Today 25 July 2020 Public Notice - Hawke's Bay Today 12 Dec 2020
Plan Change 1 (Variation 7) - Seasonal Workers Accommodation Hastings District Council has prepared a variation to the Proposed District Plan to allow for seasonal worker accommodation within the Light Industrial zone and the General Industrial zones at Omahu and Irongate. The variation also places a more realistic scale for seasonal workers accommodation within the Plains Production zone.	Date Notified: 23 August 2019 Submissions open: 23 August 2019 Submissions closed: 27 September 2019 Date Summary of Submissions Notified: 12 October 2019 Further submissions closed: 29 October 2019 Hearing held 18 February 2020 Decisions Notified 2 May 2020 Appeal period closed 15 June 2020 3 Appeals to the Environment Court have been lodged and mediation is pending. Appeals settled by way of Consent Order (1 December 2020) Plan change operative	Amended Plan Provisions for Variation 7 Seasonal Workers Accommodation 14.1 Industrial 331.1 Definitions 6.2 PPZ 7.5 LIZ Discussion Document Public Notice - Hawke's Bay Today (24.8.2019) Section 32 Evaluation Report Variation 7 Seasonal Worker Accommodation Summary of Submissions Combined Submissions Public Notice - Hawke's Bay Today (12.10.2019) Hearings Committee Recommendations Plan Provisions Amended by Decision Public Notice on Decisions on Submissions (2 May 2020) Section 32AA Evaluation Report Signed Consent Order Documentation
Amendments to Heritage Provisions Hastings District Council has prepared a summary of submissions on Variation 6. The variation amendments seek to add Vidal House as a heritage item in Appendix 49 Heritage Buildings in the Te Mata Special Character Zone. Built in 1908, this house is located in Havelock North and was reputedly designed by William Rush. It was purchased by the Vidal family in 1937. Variation 6 also seeks to clarify the permitted activity status of internal alterations to heritage buildings in the Te Mata Special Character Zone (listed in Appendix 49). It is recommended that this variation is read in conjunction with the section 32 evaluation report and the following supporting documents.	Date Notified: 22 November 2018 Submissions closed: 19 December 2018 Date Summary of Submissions Notified: 19 January 2019 Further Submissions closed: 1 February 2019 Decision Notified: 2 March 2019 (Variation 6 Public Notice) Appeal period ends: 12 April 2019 No appeals filed to Environment Court therefore the Variation is in full effect	Variation 6 - Public Notice – [original] Heritage assessment – Vidal House Section 18.1 Heritage Items & Notable Trees Appendix 49 – Heritage Buildings in the Te Mata Special Character Zone Planning Map 13 Planning Map 47 Planning Map 106 Planning Map 107
Inner City Living Enabling inner city living in the upper floors of buildings in the Hasting Central Commercial zone. View documents: Variation 5 Evaluation Report (S32) Parking Review Report Summary of submissions Further submission 1 Further Submission 2 Public Notice 22 Nov 2018 Committee decision Amended Variation 5 Public Notice on Submissions 15 June 2019 Hearings committee recommendations	Date Notified: 22 November 2018 Submissions closed: 19 December 2018 Further submissions closed: 1 February 2019 Hearing held: 25 March 2019 Decisions notified: 15 June 2019 Appeal period ends: 26 July 2019 No appeals filed to Environment Court therefore the Variation is in full effect	Section 7.3 Central Commercial Zone; Section 18.1 Heritage Items and Notable Trees; and Section 26.1 Transport and Parking
Iona Residential Rezoning The rezoning of land in Iona, Havelock North, from rural to residential has been completed.	Date Notified: 6 April 2018 Submissions close: 4 May 2018 The rezoning now has full effect (from 19 September 2018) and means that some 55 hectares of land is available for residential development.	Various parts of the plan affected
Howard Street Residential Variation The proposal is to rezone 21.2 hectares of land from its current Plains Production Zone to General Residential Zone in between Howard St and Havelock Rd and adjoining the existing residential land on the southern side of Hastings city.	Date Notified: 16 July 2016 Submissions closed: Fri 12 Aug 2016 Further submissions closed 16th September 2016 Hearing held 16 Dec 2016 Decisions notified 25 March 2017 Appeal Period ends 10 May 2017 Rezoning operative but appeal lodged by K. Cooper pertaining to storm-water management ENV-2017-WLG-44 (pdf 8950 KB) Appeal Settled and Variation 3 now operative 13 March 2019 Designation for Road (RMA20180376) relating to rezoning area granted (D162)	Planning Maps Appendix 80 Section 2.4 Section 7.2 Section 25.1 Section 26.1 Section 30.1
Irongate Industrial Variation Hastings District Council has completed a variation to rezone land on the western outskirts of Hastings for industrial activity. The rezoning means that some 118 hectares of land is now available for industrial use (dry industries).	Date Notified: 16 July 2016 Submissions closed: Fri 12 Aug 2016 Further submissions closed 24th September 2016 Hearing held 2 Dec 2016. Decisions notified 25 March 2017 Appeal Period ends 10 May 2017 Variation appealed by Bayley & Others ENV-2017-WLG-000045 (pdf 380 KB) Appeal settled and Variation 2 now operative 24 January 2018	Planning Maps Appendix 16 Appendix 26 Section 2.9 Section 6.2 Section 14.1 Section 26.1 Section 28.1 Section 30.1 Section 33.1
Omahu Road Variation and NoR Hastings District Council has completed a variation to rezone land on the northern side of Omahu Road to allow industrial activity. The rezoning means that some 63 hectares of land is now available for industrial land use.	Date Notified: 21 May 2016 Submissions on Variation 1 and NoR closed:Mon 20 June 2016 Further submissions closed 5pm, 29 July 2016 Hearing held 1 Dec 2016 Decisions notified 25 March 2017 Appeal Period (variation) ends 10 May 2017 Variation appealed by Navilluso Holdings, Tumu Timbers, Carrfields Investments & M Walmsley ENV-2017-WLG-000046 (pdf 505 KB) Appeal settled and Variation 1 is now operative	Section 2.9 Section 14.1 Section 30.1 Section 6.2 Appendices 17, 36 and 66 Planning Maps and Legend

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