2013-05-28-council-agenda - Taupo District Council

[Making Plan Changes 24, 25 and 32 operative], [28 May 2013]
Page 2
REASON FOR REPORT
To recommend that Council approves Plan Changes 24, 25 and 32 thereby making them part of
the operative TaupS District Plan.
BACKGROUND
As a planning authority Taupo District Council maintains a district plan, which is described as the
operative district plan. When Council proposes amendments to the operative plan those new parts
are described as the proposed district plan. The Taupo District Plan became the operative district
plan in 2007 and has subsequently been the subject of a number of amendments knows as plan
changes.
As changes are made to the Taupo District Plan they go through a process detailed in the First
Schedule of the Resource Management Act 1991. The final step in the process is for Council to
approve the plan change and make it operative. This takes place once Council has made
decisions on the plan change and there are either no appeals or any appeals are resolved through
Environment Court processes.
Council approves a proposed plan change under clause 17 of the First Schedule by affixing the
Council's seal to the plan change. Finally, the Council publicly notifies the date on which the plan
change becomes operative. This public notice must be advertised at least five working days in
advance of the operative date.
DISCUSSION
In February 2010 Council notified its decisions on Plan Change 24 (Landscape and Natural
Values) and Plan Change 25 (Landscape and Natural Values - Subdivision). Parts of those
decisions were appealed to the Environment Court by a number of parties. There has
subsequently been mediation between the parties which has resulted in an agreement. On 3 April
2013 the Environment Court approved that agreement through a consent order. This means that
the provisions of those two plan changes are now beyond challenge and can be approved and
made operative.
In December 2012 Council notified its decisions on Plan Changes 28-33. Five appeals were
lodged that raised concerns about the plan changes, however, none of those appeals related to
Plan Change 32 (Spa Road mixed Use Environment). This means that Plan Change 32 is beyond
challenge and can be approved and made operative.
DESIRED OUTCOME
That Council approves Plan Changes 24, 25 and 32 and publicly notifies that the plan changes
become operative on 14 June 2013.
CONSIDERATIONS
. Financial Considerations
The costs of the public notice is included in existing budgets.
. Legal Considerations
All three plan changes are beyond challenge and can be approved and made operative.
Policy Implications
Approving the plan changes will allow them to become part of the operative Taupo
District Plan. This will simplify the administration of the District Plan as parties will no
longer need to consider both the operative and proposed provisions.
Risks
There are no identified risks.
CONSULTATION
There are no consultation requirements as a result of this decision.