Proposed Plan Change 26 FAQ

Central Government has reset the rules for how some high-growth areas can develop. Two new pieces of legislation have been introduced - the National Policy Statement on Urban Development (NPS-UD) and the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021. These directives have required some councils, including Waipā District Council, to make changes to their District Plans through plan changes.

New Zealand has a serious housing shortage. These changes, driven by the Government and also supported by the National Party, aim to see more in-fill housing built faster, especially in high-growth areas.

Here is some more information from Central Government:

https://www.beehive.govt.nz/release/bill-boost-housing-supply-passes

No, but Council is required to make these changes by law. In November 2021, Waipā District Council publicly expressed its opposition to the Housing Intensification Bill. That opposition was repeated in April 2022 and Council has continued to lobby Government on the community’s behalf, including making a submission

Read our recent media releases:

• Webinars to explain planning changes - 15 August 2022
• Major opposition to government housing bill - 3 November 2021
• Council vows to maintain control over housing densification - 8 April 2022
• Housing changes 'tragic' for Waipa - 9 August 2022

Waipā District Council is classified by the Government as a Tier 1 territorial authority because we share a boundary with Hamilton City Council, are a high growth Council and are classified as part of the greater Hamilton area. This means it is compulsory for Waipā to implement medium density residential standards to enable intensification. You can find out more information from the Ministry of Housing and urban Development website, www.hud.govt.nz.

Learn more about the Government’s Tier 1 and Tier 2 classifications here.

We need about 212 more houses in Cambridge every year to ensure new people moving to the town have a home. Te Awamutu and Kihikihi combined would need an additional 100 houses every year. There is also a shortage of rental and affordable accommodation in Cambridge, Te Awamutu and Kihikihi.

No, only residential zones in Cambridge, Te Awamutu and Kihikihi will be affected by the medium density residential standards. However, the plan change includes some supporting changes to district wide provisions relating to heritage and financial contributions.

Council can only modify the medium density residential standards in limited circumstances where qualifying matters apply. Qualifying matters include matters such as cultural and heritage sites, or matters required to give effect to Te Ture Whaimana o Te Awa o Waikato – The Vision and Strategy for the Waikato River.

We are also aware that work to date indicates most parts of Cambridge, Te Awamutu or Kihikihi will simply not have the capacity in the infrastructure (pipes, stormwater etc) to support this kind of housing intensification. We have been cautious in drafting this proposed plan change. We want to ensure that infrastructure issues are considered should anyone apply for a land use consent for any medium density housing proposal.

On some residential sites in Cambridge, Kihikihi and Te Awamutu, where specific criteria are met and there are no qualifying matters, property owners will be able to extend or build up to three houses, up to three storeys high, without needing a land use consent. If specific criteria are not met, or qualifying matters apply, a resource consent will be needed.

Council will have less control on issues like site coverage, height, and setbacks and this may impact on sunlight, privacy and views. Some policies which aim to protect the unique heritage and character of our towns may need to be relaxed or removed to allow us to meet legislative requirements imposed by Government.

The changes will also introduce no minimum lot sizes for residential subdivisions (within certain conditions) meaning more dwellings will be able to go on sections than have been allowed before.

In practice, many residential sections will be unable to meet the criteria for full development because of maximum site coverage limits. Council expects this will lead to:

• Developers buying adjoining sections, removing houses then redeveloping multiple sections.
• Landowners taking advantage of the new standards to add smaller second or third units (including tiny houses), without the need for resource consent or subdivision.

Yes, if certain criteria are met, and no qualifying matters apply to the site .

You can see the criteria here. Or you could search www.legislation.govt.nz

Here is some information from government https://environment.govt.nz/assets/uploads/standards_model_factsheet.pdf

It is important to note that none of the new medium density residential standards will have legal effect once they have been notified. This is because all of the new medium density residential zones in Cambridge, Kihikihi and Te Awamutu are proposed to have a qualifying matter overlay over them. This means that it is intended to modify the new standards to address the qualifying matter/s.

This will be tested through the formal hearing process under expert evidence. But Council has significant concerns that some existing infrastructure will not be able to cope with increased housing as required under the legislation. We have shared those concerns with the Government.

As part of these proposed changes, we have revamped the way we collect financial contributions from developers. These contributions allow Council to require money, land, or any combination of either, to offset the costs (effects) on infrastructure from new developments. It helps pay for things like pipes, roads, swales etc that are needed to service more houses.

This includes a requirement for money or land for permitted activities that don’t need a resource consent. If the required money or land is not paid, the building consent will not be issued, and the developer may be subject to enforcement proceedings.

Under the proposed new rules, neighbours will not be able to object to developments happening nearby if all the requirements and standards of the Waipā District Plan are met. Council is not required to inform or advise neighbours of all new buildings, so the first that neighbours might be aware is when construction starts. However, any new construction will still have to meet Building Code requirements.

Yes.

The Government’s legislation enables Council to modify the medium density residential standards in limited instances as a result of qualifying matters. Qualifying matters include matters such as heritage buildings, sites of significance to mana whenua, public access to rivers and lakes, natural hazards and significant indigenous vegetation.

No, only residential zones in Cambridge, Te Awamutu and Kihikihi are impacted by the medium density residential standards. However, the plan change includes some supporting changes to district wide provisions relating to heritage and financial contributions.

No. The Government has already put new regulations in place which mean councils can no longer require developers to provide off-street parking. It will be up to developers to decide whether they provide it or not.

Dwellings will still need to meet Building Code standards. Council can only regulate a very limited aspect of the building’s design, as set out in the standards (such as height, setback, shading and open space).

In some parts of our towns, we will not have the infrastructure (pipes, stormwater etc) in place to service more houses. If that is the case, it is likely resource consent will still be required before more housing can be built (just as it is required now).

There may be a few pockets of areas where the new rules will apply immediately. We are still working through these.

Council staff expect that:

• The 50 per cent maximum site coverage requirement means it is unlikely there will wholescale intensification across entire residential zones.
• Existing property owners are more likely to take the opportunity to build second (or for larger properties, third) rental units, granny flats or tiny homes, or main home extensions.
• Professional developers may look for opportunities to acquire adjoining sections for comprehensive townhouse developments. Based on the infrastructure assessments we already have, most of these developments are expected to require infrastructure capacity assessments and/or resource consents.

The proposed new rules also strengthen the ability for Council to require financial contributions to offset and fund the adverse effects on infrastructure. These contributions may be money, land, or a combination, and include taking contributions where intensification is a permitted activity.

The Waipā Transport Strategy, adopted in May 2022, has already confirmed the need for a third bridge in Cambridge. Plan Change 26 won’t change that. Money has already been set aside for a business case to Waka Kotahi NZ Transport Agency and work on the business case will begin this year.

Yes, submissions can be made on the plan change in the usual way. However, because the medium density residential standards are imposed by Government through the Resource Management Act 1991, there will be parts of the plan change that will be unable to be changed. (See question 25).

Plan Changes 26 will be notified to the public by 20 August 2022 and residents are encouraged to have their say. More information about submissions and the ISPP will be available when the public are notified.

If you've got a question you want us to answer in the webinar that isn't in our Frequently Asked Questions, please submit it by emailing us here using 'Plan Change 26' in the subject line.

Submissions are now closed.

The opportunity to provide feedback will begin after Council formally advertises changes to the District Plan. This is called ‘public notification’.

Proposed Plan Change 26 to the District Plan will be publicly notified on 19 August 2022. Submissions will close on Friday 30 September 2022

All submissions will be considered by a panel of independent hearing commissioners, in a public hearing. You will be very welcome to attend. Note that submissions on the matters that Council can’t legally change will not be considered by the hearing commissioners.

If you don’t have a computer and would like to make your views known, visit Council reception in Cambridge or Te Awamutu and ask for a feedback form

Submissions are now closed.

Yes. The Ministry for the Environment, independently of Council, has appointed an independent advisor, known as a ‘Friend of the Submitter’ to help those who wish to make submissions. The ‘Friend of Submitter’ is on hand to help explain the process, and advise people how to make a submission.

The Ministry for the Environment has appointed Kinetic Environmental to this role. To contact Kinetic Environmental, please email pc26@kineticenvironmental.co.nz or phone 027 315 0177.

The independent hearing panel will make recommendations to Waipā District Council. Council will decide whether to accept or reject those recommendations. If Council rejects a recommendation, the Minister for the Environment will make a final decision.

For information on the hearing commissioners, head to www.waipadc.govt.nz/planchange26.

Green space is very important in our district. Any open spaces and reserves that Council administers and or owns are likely to be retained for public use. Council will ensure that suitable levels of open space and reserves remain for any increase in housing.

As part of this process we have undertaken a review of character in our district. Some additional properties have been identified as containing elements of historic character and have been given additional character protection. This impacts less than 100 properties across the district. If your property is impacted, you will receive a separate letter from us.

No. This is what Government wants. But our technical reports indicate our infrastructure (pipes, roads etc) could not cope. For this reason, Waipā is proposing to only permit up to two houses on each site. Any more than that would continue to require resource consent. That is what we are proposing in our Plan Change.

• Go to waipadc.govt.nz/planchange26. The website contains more detailed information, including links to other agencies.
• Attend an online webinar. Webinars will held at 6pm on Monday 22 August, Monday 29 August and Thursday 1 September 2022. To register for a webinar email districtplan@waipadc.govt.nz and tell us what webinar you wish to attend.
• Email your questions to districtplan@waipadc.govt.nz and put ‘Plan Change 26’ in the subject line.
• To make an appointment to speak to a planner, please call 0800 924 723.
• For help with a submission, and to find out what can and can’t be changed, contact Kinetic Environmental at pc26@kineticenvironmental.co.nz.