Private plan change request 62: rezone approx. 60 hectares in Leeston
CURRENT STATUS: Operative as of 17 February 2022
See where this fits in the overall plan change process [PDF, 419 KB].
About the private plan change
On 22 August 2019 Holly Farm lodged a private plan change request with the Council. The request seeks a change to the Operative Selwyn District Plan by rezoning approximately 60 hectares of current deferred residential and rural land in Leeston to residential land. This would enable approximately 410 residential sites.
On this page you can find all the information on the plan change request, including material that has been made available at each stage of the application process.
Map showing the proposed site
Update 17 February 2022
Plan Change operative as of 17 February 2022.
Update 1 February 2022
Under s279(1)(b) of the Resource Management Act 1991, the Environment Court has issued a consent order [PDF, 1027 KB] resolving the appeal by B Hammett, L and A Martin, M and T Saunders and D Marshall against part of the decision of Council on Plan Change 62.
The parties undertook mediation and reached agreement to resolve the appeal. The agreement reached involved the rezoning of additional areas of land (identified as Areas A, B and C in the consent memorandum [PDF, 8246 KB]). Council will now take the necessary steps to make the plan change operative.
Update 19th August 2021
On 27th May 2021, the plan change applicants lodged an appeal under Clause 27, Schedule 1 of the Resource Management Act 1991 against the decision of Council to approve the plan change request in part. The part of the decision that is being appeal against set out in the Notice of Appeal below.
Notice of Appeal [PDF, 47462 KB]
The Environment Court has directed that the parties take part in Court-facilitated mediation. In preparation for mediation, the parties have prepared a statement of facts which sets out those facts which are agreed and matters which are contested and/or will be the subject of mediation along with a list of topics and issues for mediation.
Memorandum of Counsel - 7 July 2021 [PDF, 65 KB]
Annexures A & B [PDF, 230 KB]
Update 14 April 2021
Council's decision to accept the recommendation of the Commissioner, will be publicly notified on 14 April 2021, which provides an opportunity for submitters on Plan Change 62 to lodge an appeal. A copy of the public notice is below.
Public Notice Council Decision [PDF, 24 KB]
Update 29 March 2021
At its meeting on 24 March 2021, the Council considered the recommendation of the Commissioner in respect of the plan change request. Council resolved at this meeting to accept the Commissioner's recommendation on Plan Change 62 as its formal decision. This will be notified in due course.
Report to Council - 24 March 2021 [PDF, 208 KB]
Recommendation of Commissioner [PDF, 852 KB]
Council Minutes - 24 March 2021
Update 1 March 2021
Following the closure of the hearing, the Commissioner issued an interim recommendation on 23rd November 2020, advising that he had reached a conclusion that it would not be appropriate to allow the plan change in full. Rather, he considered that it was appropriate that only the deferred status of the Living 1 and 2 zones be uplifted, and that the majority of this area be zoned Living 1. The Commissioner requested further input from the applicant to provide a revised ODP, and advice on appropriate mechanisms to address a number of other matters raised in his recommendation.
Interim Recommendation of Commissioner – 23 November 2020 [PDF, 446 KB]
The applicant’s response to the Commissioner’s interim recommendation was received on 3rd February 2021 and provided to the Commissioner.
Applicants Response to Commissioners Interim Recommendation – 3 February 2021 [PDF, 2103 KB]
At the request of the Commissioner, Council provided the following reply to the Applicant’s response:
Council reply to Applicant’s response – 15 February 2021 [PDF, 738 KB]
The applicant acknowledged Council’s reply and provided an amended Outline Development Plan for consideration:
Applicant’s acknowledgment of Council’s reply – 18 February 2021 [PDF, 1920 KB]
The Commissioner is considering the above responses and it is anticipated that his final recommendation will be issued on the forthcoming weeks. The next step requires that Council consider the recommendation in respect of the plan change request.
Update 23 October 2020
The Commissioner has provided a minute for closure of the PC 62 hearing.
Commissioner Minute - Hearing Closure [PDF, 105 KB]
Update 16 October 2020
The Commissioner has issued Minute 5 [PDF, 118 KB]. Should any parties wish to give a view that is contrary to the Commissioners preliminary view as per Minute 5, they are to lodge it with Selwyn District Council by 5pm on 22 October 2020.
Update 8 October 2020
A Memorandum from Adderley Head [PDF, 123 KB] with advice on behalf of the Council in response to Minute 4 was received.
A Memorandum from Sarah Eveleigh [PDF, 213 KB] on behalf of the Applicants in response to Minute 4 was received.
Update 7 October 2020
A Further Joint Statement [PDF, 364 KB] from the Harts Creek Streamcare Group and Ellesmere Sustainable Agriculture Incorporated has been received in response to Minute 3.
Update 2 October 2020
The Commissioner has issued Minute 4 [PDF, 117 KB] seeking advice from the Council and the Applicant in regards to whether there is any jurisdiction which requires the Commissioner to take into account the Proposed District Plan in his considerations.
Update 29 September 2020
The Commissioner has issued Minute 3 [PDF, 145 KB]. Should any submitter consider they have comments on new evidence provided by Mr Vincent they are to lodge it with Selwyn District Council by 5pm on 6 October 2020.
Update 24 September 2020
Following the hearing, the applicant has provided submission in response to the matters raised by submitters and questions from the Commissioner during the hearing.
Legal submissions in reply on behalf of the Applicants [PDF, 319 KB]
Evidence in reply- Michael Vincent [PDF, 1201 KB]
At the hearing on 15th September, the following information was received:
From the Applicant:
Legal submissions [PDF, 166 KB]
Supplementary evidence of James Hopkins [PDF, 145 KB]
Supplementary evidence of Mike Vincent [PDF, 1243 KB]
From Submitters:
Statement of Stuart McLachlan [PDF, 1019 KB]
Harts Creek Streamcare Group Diagram [PDF, 256 KB]
Update 14 September 2020
A response [PDF, 150 KB] to the Commissioners request for further information is now available.
Update 11 September 2020
Council has received four letters from submitters to be tabled at the Plan Change hearing:
Toby and Lisa Pullen Letter [PDF, 4755 KB]
Cochranes of Canterbury Letter [PDF, 1456 KB]
Fire and Emergency New Zealand Letter [PDF, 136 KB]
Ministry of Education Letter [PDF, 126 KB]
The Commissioner has issued a request for further information Minute 2 [PDF, 167 KB].
Update 8 September 2020
As per the Commissioner's Hearing Minute circulated on 15 July 2020, expert evidence from a submitter is now available for viewing.
Update 31 August 2020
As per the Commissioner's Hearing Minute circulated on 15 July 2020, the applicant’s expert evidence is now available for viewing.
Evidence of Michael Vincent (Planning) [PDF, 3369 KB]
Evidence of James Hopkins (Servicing and Flooding) [PDF, 5028 KB]
Evidence of Andrew Carr (Transport) [PDF, 331 KB]
Update 24 August 2020
The Commissioner's Hearing Minute [PDF, 144 KB] circulated on 15 July 2020 requested that expert evidence be pre-circulated at set times.
As per the Commissioners Hearing Minute, the following Officer's S42A report has been prepared and circulated to submitters and the Commissioner for consideration at the hearing.
Officer's s42A report [PDF, 7361 KB]
Update 15 July 2020
A Commissioner has been appointed and a hearing is to be held at Leeston Library & Service Centre, 19 Messines Street, Leeston on 15 & 16 September at 9am, to consider the application.
The Commissioner's Hearing Minute circulated on 15 July 2020 requested that expert evidence be pre-circulated at set times. Council is required to make its s42A report available on 24 August 2020. The applicant’s expert evidence is to be made available on 31 August 2020 and the submitter's expert evidence is required to follow on 7 September 2020.
Notice of Hearing [PDF, 26 KB]
The Officer's report is currently being prepared and will be available to view on 24 August 2020.
Update 26 March 2020
The period for further submissions closed on Tuesday 24 March 2020. Four further submissions were received, which can be viewed below.
The next steps will be to determine if any further information is required in response to the matters raised in submissions, and to schedule a hearing. At this time, organisation of a public hearing is on hold until there is a clear and appropriate way for this to be held safely, given the current COVID-19 event.
FS01 Cochranes of Canterbury [PDF, 775 KB]
FS02 Environment Canterbury [PDF, 62 KB]
FS03 Harts Creek Streamcare Group [PDF, 536 KB]
FS04 Ellesmere Sustainable Agriculture Incorporated [PDF, 437 KB]
Update 9 March 2020 – Further Submissions
The original submissions have been summarised and are open for further submissions until 5pm, Tuesday 24 March 2020. The period for further submissions was publicly notified in the Selwyn Times on 10 March 2020.
Public Notice [PDF, 31 KB]
Summary of Submissions [PDF, 74 KB]
Further submissions may only be lodged by any person representing a relevant aspect of the public interest or that has an interest in the plan change greater than the interest the public has, or by the local authority itself.
Further submissions must be limited to matters either in support of or in opposition to an original submission made on Plan Change 62. This must be in writing and in accordance with Form 6, which is available below or from any Council Service Centre. Further submissions must be served on Selwyn District Council and a copy must be provided to the person who made the original submission no later than 5 working days after a further submission is provided to Council.
Online Submission Form 6 [Submissions closed]
PDF Submission Form 6 [PDF, 76 KB] [Submissions closed]
Further submissions may be made through the website (this can include uploading attachments) or you can download and print the PDF further submission form.
Further submissions not lodged through the website can be:
Posted to: Selwyn District Council, PO Box 90, Rolleston 7643
Emailed to: submissions@selwyn.govt.nz
Faxed to 347-2799
Update 20 February 2020
Submissions Closed
Public submissions on Plan Change 62 closed at 5pm on Wednesday 19 February 2020. The submissions will be made publicly available in due course. Once submissions have been summarised, the period for further submissions will be notified.
Submissions:
18 submissions were received in relation to PC62 and can be viewed below.
01 John and Juliet Angland [PDF, 278 KB]
02 Alan and Janet Manning [PDF, 840 KB]
03 Rachael Prestidge [PDF, 60 KB]
04 Cochranes of Canterbury [PDF, 1314 KB]
05 Robert and Jean Milne [PDF, 1403 KB]
06 Christchurch City Council [PDF, 5109 KB]
07 Rachael Marriott [PDF, 852 KB]
08 Graham MacKenzie [PDF, 14 KB]
09 Katherine McQuillan [PDF, 14 KB]
10 Sharon Farrant [PDF, 15 KB]
11 Nicki Warren [PDF, 812 KB]
12 Toby and Lisa Pullen [PDF, 3804 KB]
13 Peter Martin [PDF, 14 KB]
14 Fire and Emergency NZ [PDF, 130 KB]
15 Environment Canterbury [PDF, 83 KB]
16 Ministry of Education [PDF, 216 KB]
17 Stuart and June McLachlan [PDF, 761 KB]
18 Harts Creek Streamcare Group (Late) [PDF, 2784 KB]
Update 21 January 2020 – Public Notification
Plan Change 62 was accepted for notification at Council’s meeting of 11 December 2019.
The Plan Change was publicly notified in the Selwyn Times newspaper on 21 January 2020.
Any person may make a submission in support of or opposition to the plan change, or any part of it. Submissions close at 5pm on Wednesday 19 February 2020.
Online Submission Form 5
PDF Submission Form 5 [PDF, 85 KB]
Submissions may be made through the website (this can include uploading attachments) or you can download and print the PDF submission form.
Submissions not lodged through the website can be:
Posted to: Selwyn District Council, PO Box 90, Rolleston 7643
Emailed to: submissions@selwyn.govt.nz
Faxed to 347-2799
After 19 February 2020, submissions will be summarised and made available to the public.
Update 6 December 2019
Council will consider if the plan change application should be accepted for notification at its meeting on 11 December 2019.
Report to Council on how to proceed with Plan Change 62 [PDF, 876 KB]
Update 3 December 2019 - Amended Application
The plan change application has been amended to incorporate the further information requested. The following documents supersede the original application documents received.
Application for Notification [PDF, 768 KB]
Appendix 01 Records of Title [PDF, 1046 KB]
Appendix 02 Outline Development Plan [PDF, 11711 KB]
Appendix 03 Transport Assessment [PDF, 1784 KB]
Appendix 04 Servicing Report [PDF, 6820 KB]
Appendix 05 Geotechnical Investigation [PDF, 2933 KB]
Appendix 06 Flood Hazard Assessment [PDF, 16573 KB]
Appendix 07 Preliminary Site Investigation [PDF, 3843 KB]
Appendix 08 Assessment of Selwyn District Plan Objectives and Policies [PDF, 263 KB]
Appendix 09 Mahaanui Kurataiao Consultation [PDF, 247 KB]
Appendix 10 Section 32 Evaluation [PDF, 258 KB]
Appendix 11 Assessment of Regional Policy Statement Objectives and Policies [PDF, 238 KB]
Appendix 12 Assessment of the Mahaanui Iwi Management Plan [PDF, 184 KB]
Appendix 13 Assessment of the Land and Water Regional Plan [PDF, 166 KB]
Update 19 November 2019
In response to Council’s request dated 19 September 2019, the following material was received in response. The matters raised in the request for further information were satisfactorily addressed on 21 November 2019.
Applicants response to Council's request for further information [PDF, 10366 KB]
Mahaanui Kurataiao Limited consultation report [PDF, 247 KB]
Update 19 September 2019
The application has been reviewed and a request for further information was issued on 19 September 2019.
Further information requested [PDF, 277 KB]
Update 23 August 2019
This application is currently being reviewed to ensure the information is adequate for public notification. Once this has been completed and any required information received it will be taken to Council to be considered for notification. If Council decides to accept the Plan Change it will be publicly notified and opened to submission.
Application
The Plan Change request consists of the following documents:
Application for Private Plan change in a single file [PDF, 29814 KB]
Application broken into component parts:
Private Plan Change request -Leeston township [PDF, 740 KB]
Appendix 01 Records of Title [PDF, 1047 KB]
Appendix 02 Outline Development Plan [PDF, 2656 KB]
Appendix 03 Transport Assessment [PDF, 1669 KB]
Appendix 04 Servicing Report [PDF, 1815 KB]
Appendix 05 Geotechnical Investigation [PDF, 2934 KB]
Appendix 06 Flood Hazard Assessment [PDF, 15773 KB]
Appendix 07 Preliminary Site Investigation [PDF, 3844 KB] n
Appendix 08 Section 32 Evaluation [PDF, 239 KB]
Appendix 09 Assessment of CRPS Objectives and Policies [PDF, 223 KB]
Appendix 10 Assessment of District Plan Objectives and Policies [PDF, 247 KB]
Appendix 11 Assessment of the Mahaanui Iwi Management Plan [PDF, 160 KB]
Appendix 12 Assessment of the Land and Water Regional Plan [PDF, 151 KB]
Contact
For further information contact the team on 0800 SELWYN (735 996) or email contactus@selwyn.govt.nz