Waitakere City's District Plan

Achieving sustainable development is one of five strategic priorities of Waitakere City Council, and this is reflected in the Council's Long Term Council Community Plan.  In adopting this priority the Council is building upon the initiatives of the City's residents. Many of their actions show a commitment to the local environment and a wish to protect and sustain it for future generations.

The District Plan is part of that tradition and is intended to extend further the community's vision of the sustainable management of natural and physical resources for the future. Unlike the other documents, the District Plan is a creature of statute, which Waitakere City Council is required to prepare by the Resource Management Act 1991.

When you access the Policy, Rules and Maps Sections, please also refer to the Plan Changes Section, as Proposed Plan Changes may amend the District Plan Sections that you are interested in.

The District Plan Structure

For those who have become used to the "traditional" district plan, this Plan may look different. The Waitakere City Council has adopted an approach and structure that it believes best meets the purpose and intent of the Resource Management Act 1991.

The Waitakere City District Plan presents an innovative approach and structure.  This seeks to achieve the clearest possible links between effects of activities and the management of those effects.

There are five particular themes that the District Plan recognises.

First, the City's significant resource management issues are identified.

The Policy Section of the Plan adopts objectives, policies and methods that are organised around these issues rather than, as is commonly the case, being area-based. This approach allows for issues to be addressed in the widest possible context of sustainable management.

Second, the Council understands the need for a regulatory response to many issues.  But it also understands its responsibility under the Resource Management Act to have regard to other, non-regulatory methods that may be better, either on their own or in combination with rules, to manage the environment. The Policy Section outlines methods, other than district plan regulation, that will be adopted to respond to identified issues. These "other methods" will be developed over the life of the Plan as the Council progresses its strategic and annual planning responsibilities.

Third, the Council has identified the need for a clear and direct approach to managing the City's natural environment. Waitakere City enjoys an environment that is dominated in many parts by natural features, including the bush, the trees, land and landscape, rivers, streams, lakes and the coast. Management of the effects of people's activities on the natural environment is carried out through rules based on "Natural Areas." These Areas cover all of the City, as illustrated on the Natural Areas Maps. Management of the effects of people's activities on other people, and the sustainable management of the built environment, is carried out through rules based on "Human Environments." These Environments also cover all of the City, as illustrated on the Human Environments Maps. The various Natural Areas and Human Environments replace the old "zones".

Fourth, in developing the District Plan rules, the Council has chosen an "effects-based" rather than "activities-based" approach. While the Plan does identify classes of activity, this has been done only where the specific identification of activities is the best and most simple way to manage effects. The major activity distinction made in the plan is that between "residential activities" and "non-residential activities." Most rules in the plan relate to "any activity."

Fifth, the Council has adopted, within its legal abilities, an emphasis on dealing with a development proposal from the point of view of isolating the individual environmental effects a proposal might have. It is the intention of the Plan to deal with each effect through a separate rule. For example, if a building is over-height, it will generally only be those matters that relate to the effects of height of buildings that will be relevant in assessing a proposal. Similarly, if a non-residential activity meets all rules of the Plan except the traffic-generation rule, then it will generally only be those matters relating to the effects of traffic generation that will be relevant. This gives more flexibility to landowners and developers by ensuring there are clear links between an environmental effect and a rule. It also avoids a focus on activities where it is the effects of those activities that require management.

Plan Changes

The Council was able to make the Proposed Plan 'operative' on 27 March 2003, other than some provisions that remain subject to unresolved Environment Court appeals. This milestone event has a number of implications for the Council. One of these is that the Council has the opportunity to initiate changes to the District Plan. The Council has a statutory duty to monitor the suitability and effectiveness of its District Plan, and must take action to remedy any shortcomings.

Plan Changes are amendments and modifications to an operative district plan. Prior to a district plan becoming operative (when the plan is in its 'proposed' stage), the modifications were known as 'variations'.

The Resource Management Act 1991 requires that all Plan Changes must be publicly notified. Any person can lodge a submission in relation to a particular Plan Change. A summary of submissions is then prepared, and an opportunity is provided for parties to lodge further submissions either supporting or opposing the original submissions that were received. The Council is required to convene a hearing to consider all the submissions and any other relevant information before making a decision on the Plan Change. Generally, the process would be expected to take at least six months, and longer if the Council's decision is subject to appeal to the Environment Court.

View plan changes at differing stages of the process outlined above.