Regulatory Committee Agenda - Waipa District Council

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5.2 The assessment of effects undertaken by Council's processing planner, Kathryn Drew,
for the original subdivision application SP/0106/11 concluded that the adverse
effects of the subdivision are minor and can be mitigated by the imposition of
conditions. With regard to consideration of the effects on the environment of the
amendment to Condition 4, the following sections of this report conclude that the
adverse effects are negligible.
5.3 Section 127{4) of the RMA states that for the purpose of considering who may be
adversely affected by the change of conditions, Council must consider every person
who may be affected by the change. In this regard the only persons considered to be
adversely affected by the change of condition are the applicant/owners. Accordingly,
no written approvals are required.
5.4 The Section 127 application has accordingly been processed on a non-notified basis.
6 CLASSIFICATION OF APPLICATION
6.1 The subject site is zoned Rural in the Operative Waipa District Plan, and Rural in the
Proposed Waipa District Plan. There are no other designations or overlays in either
District Plan that affect the site.
6.2 The original subdivision (SP/0106/11) assessment determined the proposal complied
with the boundary relocation and LAH provisions of the Operative Waipa District
Plan. As a result, the application was processed as a Discretionary Activity.
6.3 The Proposed District Plan was publicly notified in May 2012. As SP /0106/11 was
approved in March 2012 no assessment was undertaken for the Proposed District
Plan.
6.4 Section 8GB of the RMA sets out the circumstances when a rule in a Proposed District
Plan is deemed to have legal effect. In this case, there are no rules from the
Proposed District Plan that directly affect this application that are considered to have
legal effect. The Proposed District Plans rules are accordingly not considered further.
6.5 In accordance with Section 127(3)(a) of the RMA the application to change a consent
condition is considered as a Discretionary Activity.
7 SECTION 104 ASSESSMENT
7.1 A consent authority must have regard to a number of matters under section 104 of
the RMA when considering a Section 127 application.
Those considerations include the actual and potential effects of an activity on the
environment, the relevant provisions of an operative and proposed district plan,
regional plan or other relevant statutory document, and any other matter the
Report to Regulatory CommiHee Meeting - November 2012
AL & ARJ Hooker- Section 127 Application - Planners Report
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