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Kaipara District Plan Exposure Draft Released for Feedback
Kaipara District Council have been reviewing Kaipara District Plan (Operative) and have recently released an Exposure Draft District Plan for public consultation.
This is a welcome change, given that the current District Plan became operative in 2013 and since then, Kaipara’s population has grown by over 20% resulting in significant pressure for new development, especially in areas encompassing desirable summer holiday destinations, such as Mangawhai.
Public feedback on the provisions of the new District Plan means that informal non-statutory consultation period opens on Monday 08 August and runs for six weeks until Friday 16 September. This presents an opportunity for communities to ask questions and provide feedback on the Exposure Draft District Plan to make sure they have had a chance to shape the future of Kaipara District. The Council has indicated that the new District Plan is scheduled for formal consultation in mid-2023, after which the process of adopting the new District Plan will begin.
‘Environmental Benefit’ subdivisions is one of the most commonly used subdivision pathways in the ‘Rural’ zone within the Kaipara District, so we have been keeping an eye out for the new proposed subdivision provisions in the Exposure Draft District Plan to enable us to give informed advice to our Clients.
So if you’re a landowner with a property in Kaipara District which is currently zoned ‘Rural’ under the Operative KDP (you can check the zoning of your property here), and you have been considering potential land subdivision options, and your land either contains or adjoins areas of bush, wetlands, or streams you may want to keep reading to see how the new Exposure Draft District Plan may affect the development potential of your property in the future.
Environmental Benefit Subdivision Changes
Having reviewed the new Exposure Draft District Plan it is clear that Rural land subdivision in Kaipara District within the ‘General Rural Zone’ (you can check your properties proposed zone here), will be subject to significant changes.
Luckily, I have done the hard work for you and below are two summary Tables of the existing Rural Zone ‘Environmental Benefit Rule 12.13.1’ under the Operative District Plan and the proposed new ‘GRZSUB-R5 Environmental Development Subdivision’ and GRZSUB-R6 Restoration or Enhancement Planting’ provisions as per the Draft Exposure District Plan. Please note that this is based on my personal understanding of the current and proposed rule changes and the Council’s intentions for these rules may be different. These tables only provide a brief summary and other performance standards will need to be met to ensure that the proposal would constitute a ‘Restricted Discretionary’ activity. If you’d like to delve deeper, you can review further standards here.
Table 1: General comparison
PLAN | CURRENT KDC DISTRICT PLAN (OPERATIVE) RULE 12.13.1 ‘ENVIRONMENTAL BENEFIT’ | PROPOSED DRAFT EXPOSURE DISTRICT PLAN GRZSUB-R5 AND GRZSUB-R6 |
ZONE IT APPLIES TO | ALL RURAL ZONES INCLUDING OVERLAYS | GENERAL RURAL ZONE |
ACTIVITY STATUS | RESTRICTED DISCRETIONARY | RESTRICTED DISCRETIONARY |
MINIMUM PARENT LOT SIZE | 1 HA | 21 HA |
MINIMUM LOT SIZE TO BE CREATED THROUGH SUBDIVISION | 0.4 HA (WITH MINIMUM BALANCE LOT OF 0.4 HA) | 1 HA (WITH MINIMUM BALANCE LOT OF 20 HA) |
ECOLOGICAL VALUE ASSESSMENT | ECOLOGICAL VALUE TO BE ASSESSED UNDER APPENDIX 25G | MUST MEET AT LEAST 1 CRITERIA UNDER APPENDIX 5 OF NORTHLAND RPS |
PROTECTION TYPE | CONSERVATION COVENANT | CONSERVATION COVENANT |
Table 2: Comparison of maximum number of new rural residential sites to be created through protection of significant indigenous vegetation or habitat, natural wetland or duneland, or revegetation planting
PLAN | CURRENT KDC DISTRICT PLAN (OPERATIVE) RULE 12.13.1 ‘ENVIRONMENTAL BENEFIT’ | PROPOSED DRAFT EXPOSURE DISTRICT PLAN GRZSUB-R5 AND GRZSUB-R6 | ||
FEATURE PROTECTED | AREA OF FEATURE PROTECTED (ENTIRE FEATURE) | IN-SITU SUBDIVISION YIELD | AREA OF FEATURE PROTECTED | IN-SITU SUBDIVISION YIELD |
SIGNIFICANT INDIGENOUS VEGETATION OR HABITAT | >0.5 ha | 1 | 2 ha – 9.99 ha | 1 |
>1 ha | 2 | 10 ha – 19.99 ha | 2 | |
>1.5 ha | 3 | >20 ha | 3 | |
NATURAL WETLAND OR DUNELAND | >0.5 ha | 1 | 0.5 ha – 0.9999 ha | 1 |
>1 ha | 2 | 1 ha – 1.9999 ha | 2 | |
>1.5 ha | 3 | >2 ha | 3 | |
ESTABLISHED AREA OF REVEGETATION PLANTING | >0.5 ha | 1 | No specific provisions for establishing indigenous revegetation planting alone, needs to be in combination with the protection of either significant vegetation, habitat, wetland or dune lake as per above. | |
>1 ha | 2 | |||
>1.5 ha | 3 | |||
MAXIMUM LOT YIELD | Up to 3 Environmental Benefit lots on site across a combination of the above can be created, provided that the features are permanently protected. | Unclear with the current provisions whether you can add or combine bush protection and wetland lots, however it’s likely to be up to 3 Environmental Benefit lots. This will require further clarification from Council. | ||
To summarize, if adopted at its current form, the Exposure Draft District Plan will significantly affect landowners who currently own smaller Rural Lots (< 21ha) as the change from a minimum parent lot size from 1 ha (operative District Plan) to 21 ha (Exposure Draft District Plan) is substantial. Another key consideration is the increase in minimum area of significant indigenous vegetation or habitat required to be protected or enhanced to enable the creation of a 1 additional lot for significant indigenous vegetation or habitats from minimum 0.5 ha (operative District Plan) to 2 ha (Exposure Draft District Plan). Subdivision yield for the protection of a natural wetland to enable the creation of 1 additional lot remains the same (0.5 ha under both plans), however, to achieve each additional lot above the 1st additional lot will require much larger areas of wetland to be protected when compared to the current Operative District Plan provisions.
We envision that there will be a lot more wetland protection ‘Environmental Benefit’ subdivisions being carried out in the future in the General Rural Zone, so if your property contains a wetland area that is in need of enhancement, now may be the right time to start restoration works.
Another key change in the proposed Draft District Plan is the proposal to restrict subdivision on ‘versatile soil’ which will need to be determined by property scale site specific Land Use Capability Classification prepared by a suitably qualified person. The provisions relating to this outline that the proposed new allotments created by the new environmental benefit lot subdivision, exclusive of the balance area, must not individually contain more than 15% of its total land area as versatile soils within the allotment. If you’re not unsure whether your site may contain ‘versatile soils’ contact us today and we can help provide you with a basic assessment of the soil types contained within your property.
Missed Opportunities?
In my perspective the most interesting change to the new District Plan Provisions for Environmental Benefit subdivisions is the complete absence for new lots to be sought through restoration or enhancement planting as a standalone option, which are standard provisions in both Whangarei District and Auckland Region. In the Exposure Draft District Plan GRZSUB-R6 outlines that where an area of existing indigenous vegetation or natural wetland does not comply with the minimum area requirements, revegetation or enhancement planting may be undertaken in order to enhance an existing area to meet the minimum area requirements. Therefore, in my interpretation while under the current Operative District Plan Rules, a landowner could carry out a minimum of 0.5 ha enhancement planting adjoining an area of existing significance (i.e. bush, stream, wetland) either on their site or an adjoining site to gain 1 additional lot through the ‘EB’ provisions, the new District Plan will not provide such pathway, which is disappointing to see. There are numerous benefits of enhancement planting both encompassing areas of existing significance or restoring the significance of areas that once were significant, so the Council will be hearing my feedback regarding this specific topic.
Another interesting point is the complete absence of any potential subdivision yield to be gained under ‘Riparian Margin’ protection. While under the Operative District Plan landowners are able to apply for a subdivision consent through ‘Riparian Margin’ Environmental Benefit Provisions (0.5 ha protection area minimum), the proposed Exposure Draft District Plan contains no such provision. I consider this a missed opportunity, as protection and enhancement of riparian margins (especially those that have been degraded through grazing pressures) in our District is priority. Protecting and restoring our streams and their margins is key to protect the ‘kidneys of the land’ and increase benefits such as flood mitigation, nutrient filtration, habitat for indigenous biodiversity and associated ecosystem, cultural and recreational services.
Key Takeaways
Rural land subdivision under the ‘Environmental Benefit’ provisions in the Kaipara District in the future is undoubtedly heading for a significant change – from likely increases to minimum parent lot sizes, to increased minimum areas of indigenous vegetation and habitats that will require protection to more weighting given to preservation of versatile soils.
There’s lots to digest in the new proposed provisions so if you’re still pondering about the development potential of your land and you’d like to discuss how these potential changes may affect your property in the future get in touch today.
Please note that the focus of this post has been the changes proposed for ‘Environmental Benefit’ subdivision in the General Rural Zone only. There are other subdivision and land development options under the Operative District Plan for Rural and Residential Zones, and there will be other options under the Draft Exposure District Plan as well. If you’d like to hear more about these options, we work with a wide range of experienced local Planners specializing in both Rural and Residential subdivisions and we can help connect you with the right Planner for your specific project.
FAQ
Does the Exposure Draft Kaipara District Plan have a legal weight and when will it be notified?
According to KDC website post, the Exposure Draft Kaipara District Plan has no legal weight and has been produced for public consultation to provide feedback into the Proposed Kaipara District Plan which will be notified in mid – 2023.
I have a site currently zoned ‘Rural’ (with or without an Overlay) < 21 ha in size which contains or directly adjoins bush, wetland or riparian features. Should I act now or wait till the new District Plan is adopted before looking to subdivide?
Generally, if your site is < 21 ha in size and located within the Rural Zone currently and you’re looking at feasibility to subdivide, explore your options now. Get in touch with us today for a site specific advice and preliminary ecological feasibility assessment.
Will I still require an Ecologist to support my Environmental Benefit subdivision application?
Both the Operative Disitrct Plan and Exposure Draft Plan requires that the proposal must be assessed by a suitably qualified and experienced ecologist. Depending on the proposal, you may require one or combination of an Ecological Assessment and an Ecological Management Plan to be prepared. Luckily for you, we can help!
How do I know if any of the habitats or vegetation on my site are ‘significant’?
We carry out ecological assessments on a daily basis, so contact us to discuss your site and we can help you assess the ecological significance both under Appendix 25G of KDP (Operative) and Appendix 5 of Northland RPS. Our work also expands into Whangarei District and Auckland Region so we’re able to provide a comprehensives Ecological Reporting that will hit all the right targets from the get-go.
Does my site contain versatile soils?
Versatile soils generally mean soil under Land Use Capability Classes 1c1, 2e1, 2w1, 2w2, 2s1, 3e1, 3e5, 3s1,3s2, 3s4 – as mapped in the New Zealand Land Resource Inventory. We can help you provide a basic analysis of your properties soil types, so get in touch if you require further information.
What other practical and cost aspects should I take into consideration when considering if Environmental Benefit subdivision is the best pathway for my Rural property?
Generally all Environmental Benefit subdivisions will require that you fence the external boundary of the proposed protection area with a 7-wire post and batten standard agricultural fence, and carry out a combination of revegetation planting, pest plant and pest animal control. You’ll also need to ensure that any in-stream structures (culverts) are conductive of fish passage. This will require forward planning and project management to ensure a smooth and seamless subdivision process. We can help connect you with the right people to ensure your project is a success.