District Plan Updates
Kaipara District Council has recently had all the appeals to the Proposed Plan settled, with Consent Orders returned by the Environment Court. This means that the District Plan is now Operative. All of Variation 1 Outstanding Natural Landscapes is also settled except for one appeal point which relates to one rule for one property. Please see Rule 12.10.3c on page 12-14 of the District Plan for further details.
The new version of the District Plan is now available.
The District Plan provisions that follow are the new Operative provisions.
You will need Adobe Reader to view this file. Download a copy of Adobe Reader here.
The intention of this District Plan is that you can determine which Chapter of the District Plan is most relevant to you and then largely only refer to that Chapter. For example, if your property is in the ‘Rural Zone’ you should be able to look at that Chapter only, to determine whether your proposed activity is permitted or if you need a resource Consent. All policy elements and rules applying to that particular Zone (and any Overlays) are contained in each Chapter and these can be read without having to cross-reference to other parts of the District Plan(other than planning maps).
An exception to this will be if your property also has a specific site, feature or unit identified on it. In this case, Part C of the District Plan will also be relevant.
Another exception to this will be if you do require Resource Consent for a Discretionary or Non-Complying Activity or you are seeking a Change to the Plan. In these cases it may be appropriate to consider your proposal against the Objectives and Policies of the District Wide Section; Part A.
Remember that a District Plan needs to be considered if you are changing the use of land (or increasing intensity of activity on land) or if you are subdividing. In other words land can continue to be used in a manner that is not provided for in this District Plan (or is only provided for by Resource Consent) if that activity was lawfully established before the District Plan was notified (this is an existing use right under Section 10 of the Resource Management Act).