Plan change - DIS-2021-1 (Variation 2)

The Dunedin City Council has been working on changes to the Second Generation Dunedin City District Plan (2GP) to provide for more housing.

Summary

Variation 2 is a change to the proposed District Plan (2GP) which includes a suite of changes to enable additional housing capacity through specific rule and policy changes and through rezoning specific sites.

Variation 2 was initiated due to housing capacity monitoring identifying a likely shortfall in housing capacity over the medium term (10 years).

Variation 2 will provide for additional housing capacity to ensure we don’t have a shortfall in the medium term, while ensuring enabled growth will not exceed the capacity of 3 waters networks and achieves good urban design outcomes.

Variation 2 is not a full review of the 2GP’s residential section’s rule framework or zoning across the city. A more comprehensive updated plan for the next 30 years will be developed separately as part of the next Spatial Plan, which will be jointly prepared with the Otago Regional Council (ORC).

3 Waters upgrades to support the additional residential capacity proposed in Variation 2 have been included in the Dunedin City Council’s 10-year plan.

All four hearings have now been held.

The Hearing Panel issued its first decision report on the matters addressed at Hearings 1-3 (changes to provisions and the intensification rezoning areas) on Tuesday 31 May 2022, and its second decision report on the matters addressed at Hearing 4 (greenfield rezoning sites) on Wednesday 8 February 2023.

Variation 2 second decision - greenfield rezoning sites (Hearing 4)

Summary

On 8 February 2023 the second decision on Variation 2 was released, which covered the matters considered at Hearing 4. Hearing 4 primarily considered submissions on the proposed greenfield rezoning sites that were notified in Variation 2 and submissions on sites that were subject to a preliminary assessment in the plan evaluation report (s32 report), but rejected for various reasons, which were also open for submissions.

You can view the second decision online or on a public computer at the Dunedin City Library, Mosgiel Library, Port Chalmers Library, Waikouaiti Library, South Dunedin Community Pop-Up or the Blueskin Bay Library at Waitati.

A hard copy is available for viewing at the Dunedin City Council Civic Centre and at the Middlemarch Postal Agency.

The decision report gives the Hearing Panel’s decisions on greenfield rezoning and associated provisions, and the reasons for their decisions. The report is accompanied by two appendices:

The provisions (not marked-up) can also be viewed online - Read the Plan.

The 2GP Planning Map incorporating the mapping amendments - View the 2GP maps.

Approval of extension of time

The Dunedin City Council notified Variation 2 to the 2GP on the 3 rd of February 2021, and under the Resource Management Act was required to give its decision no later than 2 years after notification.

On 26 January 2023 DCC lodged an application to the Minister for the Environment for an extension of time until 10 February 2023 to issue its final decision report on Variation 2. The Minister granted the extension of time as detailed in the letter below.

DCC notified the second and final decision on Variation 2 on 8 February 2023.

Decision on greenfield rezoning sites (Hearing 4)

Decision report and appendices

Status of amended provisions

Once decisions have been released, all Variation 2 provisions, including zoning changes, will have legal effect.

Legal effect means both the new Variation 2 provisions and rezoning areas (8 February 2023) and the partially operative 2GP (as at 7 February 2023) apply.

If there are no appeals against the new Variation 2 provisions (or any closely related provisions), these are deemed operative and replace the relevant existing rules in the partially operative 2GP. However, if a provision (or closely related provision) is appealed, both the provisions of this Variation 2 decision and the partially operative 2GP (as at 7 February 2023) apply until the appeals have been dismissed, withdrawn or determined by the Environment Court.

Making an Appeal

The deadline for lodging a notice of appeal is 30 working days from being served with the public notice. Thirty working days from 8 February 2023 is 21 March 2023 (as per the definition of working days in the RMA).

Submitters may appeal decisions on matters that were the subject of their submission.

The appeal process is run by the Environment Court and directions on how to appeal can be found on its website - Overview of the Environment Court’s processes.

If you appeal, you need to serve a copy of the appeal documents on:

If you require details of submitters or further submitters on Variation 2, please contact the City Development team at 2gpappeals@dcc.govt.nz or call the DCC on 477 4000.

For service on the DCC, the preferred method of service is to email a copy to 2gpappeals@dcc.govt.nz . Alternatively, you could post it to:

The DCC will include all notices of appeal on our website.

Requirements for s274 parties

People who have submitted on the subject being appealed (or who have an interest greater than the general public) may join an appeal under s274 of the RMA.

People will have until 13 April 2023 (being 15 working days after the end of the appeal period) to give notice to the Environment Court, Dunedin City Council and the appellant of their intention to become a party to the proceedings. The s274 party must also give notice to all other s274 parties within 5 working days of the original deadline (20 April 2023).

This process is managed by the Environment Court and directions on how to serve can be found on its website Overview of the Environment Court’s processes .

Christopher James Medlicott
Cole Bennetts
Zoning RS110
Danielle Claire Nicolson, Sorrel O'Connell Milne and Tim Lequeux
DDS Properties (2008) Limited
Zoning RS195
FBG Developments Limited
Gladstone Family Trust
JM & DR Homer
Jose Corporation Limited
K & L Accomodation Limited
Zoning RS171
Meats of New Zealand Limited
Nash and Ross Limited
Outram Developments Limited and Peter Doherty
Roger and Janine Southby
Ross Thomas McLeary
GF01: Zoning, New Development Mapped Area, No DCC Reticulated Wastewater Mapped Area, Zoning RS160, Zoning RS220
Wendy Campbell
William Hamilton

Details

Variation number DIS-2021-1
Address for service Variation 2, City Development Team, Dunedin City Council, PO Box 5045, Dunedin 9054
Email address for service districtplansubmissions@dcc.govt.nz

2GP Variation Archive

The links below provide an archive of information, documents and other materials relating to earlier steps in the timeline of this 2GP Variation .

View related documents

Appeals

Information on appeals received

What’s been appealed? The period to appeal decisions on Variation 2 (Hearing 1 to 3) submissions ended for most topics and parties on 13 July 2022 at 5pm. One appeal was received. The appeal related to the new consent requirements for full demolition of pre-1940s buildings in intensification areas (areas where additional residential development has been provided for through Variation 2). On 9 November 2022, the Environment Court issued decision No. [2022] NZEnvC 234 which cancelled the decision on the demolition of pre-1940s buildings in intensification areas. This effectively resolved the appeal, and therefore there are now no Variation 2 appeals.

Appeals submitted on decisions

Paterson Pitts Limited Partnership

Appeals - ePlan and maps information

Decisions

Decision released

First decision

You can view the first decision online or on a public computer at the Dunedin City Library, Mosgiel Library, Port Chalmers Library, Waikouaiti Library, South Dunedin Community Pop-Up or the Blueskin Bay Library at Waitati.

A hard copy is available for viewing at the Dunedin City Council Civic Centre and at the Middlemarch Postal Agency.

The decision report gives the Hearing Panel’s decisions on provisions and intensification rezoning areas, and the reasons for their decisions. The report is accompanied by two appendices:

The provisions (not marked-up) can also be viewed online - Read the Plan.

The 2GP Planning Map incorporating the mapping amendments - View the 2GP maps.

Decision on Provisions and Intensification Rezoning

Decision report and appendices

FAQS

Decisions phase

Three hearings have been held on changes to provisions and the intensification rezoning areas. A fourth hearing on greenfield rezoning areas will be scheduled during the second half of 2022. The Hearing Panel issued its first decision report on the matters addressed at Hearings 1-3 (changes to provisions and the intensification rezoning areas) on Tuesday 31 May 2022.

Appealing decisions

The Appeals process is managed by the Environment Court and directions on how to serve can be found on its website Overview of the Environment Court’s processes.

Status of decisions

Status of amended provisions

Once decisions have been released, all Variation 2 provisions and intensification rezoning areas changes will have legal effect. Please note that the greenfield rezoning changes will not have legal effect until a decision is released on that topic. Legal effect means the relevant rules of both the new Variation 2 provisions and intensification rezoning areas (31 May 2022) and the partially operative 2GP (as at 30 May 2022) apply. If there are no appeals against Variation 2 provisions or intensification rezoning areas (or any closely related provisions), those rules are deemed operative and replace the relevant existing rules in the partially operative 2GP. However, if a rule (or closely related provisions) is appealed, both the provisions of this Variation 2 decision and the partially operative 2GP (30 May 2022) apply until the appeals have been dismissed, withdrawn or determined by the Environment Court.

Hearings

Summary of further submissions phase

Hearings phase

Hearings Information

Hearing 2 – Variation 2 Intensification – commenced on 3 November 2021

Hearing 3 – Variation 2 Provisions - 3 Waters infrastructure – commenced on 8 December 2021

Hearing 4 – all greenfield rezoning – commenced 15 August 2022, reconvened 21 October 2022 - reconvening December 2022 regarding Highly Productive Land.

Hearings panel

Minutes from the Hearing Panel

November 2022

October 2022

September 2022

August 2022

May 2022

April 2022

February 2022

December 2021

November 2021

The Variation 2 Hearing Panel has issued Minute 7 (Adjournment of Hearing 2) which includes the decision on the DCC’s request to issue decisions on a hearing-by-hearing basis.

The intended hearing schedule and hearing topics for Variation 2 is as follows: