CURRENT STATUS: Opportunity to appeal Council's decision to decline

See where this fits in the overall plan change process [PDF, 419 KB].

About the private plan change

On 9 June 2021 Birchs Village Limited lodged a private plan change request with the Council. The request seeks a change to the Operative Selwyn District Plan by rezoning approximately 37 hectares of current rural land in Prebbleton to residential land. This would enable approximately 400 residential sites.

In response to the new building intensification rules, the proposal has been amended so that it will enable medium density housing and a commercial centre.

NTP Development Holdings Ltd (Ngāi Tahu) will be partnering with and will become a joint proponent with Birchs Village Limited to progress PC79. Should PC79 be successful, NTP Development Holdings Ltd will become the future developer of Birchs Village in Prebbleton.

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

View larger map

Update 6 September 2023

At its meeting on 23 August 2023, the Council considered the Commissioner's recommendation regarding the plan change request. The council resolved at this meeting to accept the Commissioner's recommendation on Plan Change 79 as its formal decision and decline the plan change request. This decision has been publicly notified on 6 September 2023, providing an opportunity for parties involved in Plan Change 70 to lodge an appeal against the decision. A copy of the public notice is below.

Public Notice of Council Decision [PDF, 31 KB]
Planning and Climate Change Committee - 23 August 2023 (Officers report starts on pg.60) [PDF, 4816 KB]

Update 25 October 2023

The period for lodging appeals with the Environment Court against the decision of Council has closed. No appeal has been lodged.

Update 18 July 2023

Council has received the Commissioner’s amended recommendation in relation to PC79. Council will consider this recommendation at a forthcoming meeting of the Planning and Climate Change Committee.

Commissioners Recommendation Report [PDF, 2595 KB]

Update 7 June 2023

Applicants Response to Minute 3 and Minute 4 [PDF, 84 KB]


The Commissioner has issued Minute 5 -7 June 2023 [PDF, 105 KB] - Closing the Hearing.

Update 31 May 2023

Responses to Minute 3:

The Commissioner has issued Minute 4 31 May 2023 [PDF, 115 KB] - Evidence timetable.

Update 18 May 2023

The Commissioner has issued Minute 3 18 May 2023  [PDF, 134 KB] - Evidence timetable.

Update 11 May 2023

The applicant has provided the following closing legal submissions and revised outline development plans.

Legal submissions in reply on behalf of Birchs Village Limited  [PDF, 812 KB]
Reply statement of Nicole Lauenstein [PDF, 1864 KB]
Revised Outline Development Plan narrative and amendments [PDF, 296 KB]
Revised Outline Development Plan [PDF, 769 KB]
Revised Outline Development Plan including 142 Birchs Road & 198 Birchs Road [PDF, 772 KB]

Update 03 May 2023

The following documents were tabled on day two of the hearings.

Council:

Rodney Yeoman - Economics [PDF, 248 KB]
Hugh Nicholson - Urban Design [PDF, 8358 KB]
Jonathan Clease - Planning [PDF, 336 KB]
Mat Collins - Transport [PDF, 106 KB]
Hugh Blake-Manson - Servicing   [PDF, 176 KB]

Submitters:

Tom and Helen Fraser [PDF, 299 KB]
John Broadway [PDF, 120 KB]
Benjamin Love [PDF, 1290 KB]

Update 02 May 2023

The following documents were tabled on day one of the hearings.

Applicant:

Nicole Lauenstein – Urban Design [PDF, 151 KB]
David Compton-Moen - Urban Design & Landscape [PDF, 76 KB]
Lisa Williams – Transport [PDF, 78 KB]
Paul Farrelly – Greenhouse Gases [PDF, 141 KB]
Simon Marshall – Servicing [PDF, 82 KB]
Fraser Colegrave – Economics [PDF, 79 KB]
Victor Mthamo – Versatile Soils [PDF, 160 KB]
Mark Everest – Farm Consultant [PDF, 231 KB]
Sally Elford – Planning [PDF, 123 KB]

Submitters: 

Ministry of Education - Tabled letter  [PDF, 120 KB]
John Sheaf [PDF, 24 KB]
Sue Sheaf [PDF, 39 KB]

Update 28 April 2023

As per the Commissioners, Hearing Minute circulated on 14 March 2023, the direction has been given regarding the Hearing Schedule [PDF, 91 KB].
For those unable to attend the hearing in person, it will be available to view on the Selwyn District Council YouTube Channel.

As per the Commissioner's Hearing Minute circulated on 14 March 2023, the legal submissions are now available for viewing.

Birchs Village Limited - Proponent [PDF, 278 KB]
Christchurch City Council [PDF, 373 KB]
Canterbury Regional Council [PDF, 180 KB]

Update 26 April 2023

As per the Commissioner's Hearing Minute circulated on 14 March 2023, submitter expert evidence is now available for viewing.

Christchurch City Council [PDF, 103 KB]
Environment Canterbury Regional Council [PDF, 226 KB]
Statement of Evidence of Thomas Fraser [PDF, 180 KB]
Statement of Evidence of Benjamin Love [PDF, 155 KB]
Statement of Evidence of Lincoln Voice Incorporated - Tabled  [PDF, 82 KB]

Update 21 April 2023

As per the Commissioner's Minute 2 circulated on 18 March 2023, the applicant’s social expert evidence is now available for viewing.

Statement of Evidence of Hilary Konigkramer - Social [PDF, 2224 KB]

Update 18 April 2023

The Commissioner has issued Minute 2 [PDF, 111 KB] which addresses the Memorandum of Counsel [PDF, 24 KB] received from the applicant on 17 April 2023 relating to the evidence timetable.

Update 17 April 2023

As per the Commissioner's Hearing Minute circulated on 14 March 2023, the applicant’s expert evidence is now available for viewing.

Ryan Geddes – Company [PDF, 3423 KB]
Dean Christie – Ngāi Tahu Property Limited [PDF, 145 KB]
Fraser Colegrave – Economics [PDF, 1299 KB]
Victor Mthamo – Versatile Soils [PDF, 848 KB]
Mark Everest – Farm Consultant [PDF, 562 KB]
Nicole Lauenstein – Urban Design [PDF, 1561 KB]
Dave Compton-Moen – Urban Design and Landscape [PDF, 213 KB]
Appendix 1 - Urban Design, Landscape and Visual Impact Assessment  [PDF, 14316 KB]
Lisa Williams – Transport [PDF, 1068 KB]
Andrew Jordan – Geotechnical [PDF, 6359 KB]
Nicola Peacock – Contamination [PDF, 79 KB]
Paul Farrelly – Greenhouse Gases [PDF, 664 KB]
Simon Marshall – Servicing [PDF, 119 KB]
Sally Elford – Planning [PDF, 645 KB]

Memorandum of Counsel for Birchs Village Limited [PDF, 24 KB]

Update 6 April 2023

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.

Officers Section 42A Report [PDF, 914 KB]
Appendix 1 Servicing Report - Hugh Blake-Manson [PDF, 259 KB]
Appendix 2 Transport Report [PDF, 3835 KB]
Appendix 3 Selwyn Residential Capacity and Demand IPI  [PDF, 1245 KB]
Appendix 4 Urban Design  [PDF, 14997 KB]

Update 31 March 2023

In response to requests from several parties, the requested information is covered in the methodology report. A full operational model is not available as this is the intellectual property of the provider. For all information around the inputs, assumptions and methodology, and outputs, see https://www.selwyn.govt.nz/property-And-building/planning/population.

Update 14 March 2023

The Commissioner has issued Minute 1 - 14 March 2023 [PDF, 139 KB]

Update 12 January 2023

5 further submissions were received in relation to Plan Change 79 and can be viewed online at Summit Up.

The next steps will be to determine if further information is required in response to the matters raised in submissions and to schedule a hearing.

Update 12 January 2023

The period for further submissions closed on Wednesday 11 January 2023. The further submissions which were received will be available to view shortly.

Update 5 December 2022 - Further Submissions

The original submissions have been summarized and are open for further submissions until 5 pm, Wednesday 11 January 2023. The period for further submissions was publicly notified in the Selwyn Times on 7 December 2022.

Public Notice [PDF, 32 KB]

Submitter's Contact Details [PDF, 73 KB]

Summary of Submissions

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 79. 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 (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 27 October 2022 - Late Submission Received

A late submission has been received in relation to this plan change request. This is available to view online on at Summit Up.

Update 6 October 2022 - Submissions Received

36 submissions were received in relation to PC79 and can be viewed online at Summit Up.

The summary of submissions, and period for further submissions, will be notified in due course.

Update 6 October 2022 - Submissions Closed

Public submissions on Plan Change request 79 closed at 5pm on Wednesday 5 October 2022. The submissions will be made publicly available in due course. Once submissions have been summarised, the period for further submissions will be notified.

Update 7 September 2022 - Public Notification

Private Plan Change 79 was accepted for notification at Council’s meeting on 24 August 2022.

The Plan Change was publicly notified in the Selwyn Times newspaper on 7 September 2022.

Public Notice [PDF, 32 KB]

Any person may make a submission in support of or opposition to the plan change, or any part of it. Submissions close at 5pm Wednesday 5 October 2022.

Online Submission Form 5 (Submissions Closed)
PDF Submission Form 5 (Submissions Closed)

Submissions may be made through the website 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 5 October 2022, submissions will be summarised and made available to the public.

Update 6 July 2022

The applicant has supplied the following updated geotechnical report, which replaces the 9 March 2021 report.

Geotechnical Assessment  Report 7 July 2022 [PDF, 6289 KB]

Update 4 May 2022

The applicant has supplied the following response to Council’s request for further information. The information will now be reviewed, and once the application is complete it will be taken to Council for a decision whether to: accept the application for notification; adopt the application as a Council plan change; or reject the application. If Council decides to accept or adopt the plan change it will be publicly notified and opened to submission.

Response to the request for further information [PDF, 185 KB]

The plan change application has been amended to incorporate the further information requested. The following documents superseded the original documents received.

Private Plan Change Request - Birch Village Limited [PDF, 2731 KB]
Appendix 1: Certificates of Title [PDF, 630 KB]
Appendix 2: Outline Development Plan [PDF, 3944 KB]
Appendix 3: Proposed Living Medium Density Zone [PDF, 2856 KB]
Appendix 4: Analysis of New Residential Construction and Land Availability  [PDF, 3227 KB]
Appendix 5: Urban Design Statement [PDF, 1477 KB]
Appendix 6: Integrated Transport Assessment [PDF, 8792 KB]
Appendix 7: Servicing Report [PDF, 1194 KB]
Appendix 8: Preliminary Site Investigation [PDF, 8669 KB]
Appendix 9: Geotechnical Report [PDF, 9664 KB]
Appendix 10: Environment Canterbury Flood Assessment [PDF, 598 KB]
Appendix 11: Landscape and Visual Assessment [PDF, 4659 KB]
Appendix 12: Transpower Consultation [PDF, 390 KB]
Appendix 13: Assessment of National Policy Statement on Urban Development [PDF, 1055 KB]
Appendix 14: Assessment of CRPS Objectives and Policies [PDF, 443 KB]
Appendix 15: Assessment of Canterbury Land and Water Regional Plan (LWRP) [PDF, 305 KB]
Appendix 16: Assessment of Mahaanui Iwi Management Plan (MIMP) [PDF, 838 KB]
Appendix 17: Assessment of Operative Selwyn District Plan Objectives and Policies [PDF, 550 KB]
Appendix 18: Assessment of Proposed Selwyn District Plan Objectives and Policies [PDF, 888 KB]

Update 20 September 2021

The Plan Change request has been reviewed for completeness, and a request for further information has been issued.

Council request for further information 20 September 2021 [PDF, 189 KB]
Attachment 1 Geotech feedback [PDF, 182 KB]

Once the request is complete 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 submissions.

Update 10 June 2021 - Private plan change application received

The request 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 request it will be publicly notified and opened to submissions.

Application:

The Plan Change request consists of the following documents:
Due to the size of the Application, it has been broken into component parts:

Private Plan Change Request - Birchs Village Limited [PDF, 1481 KB]
Appendix 1: Records of Title [PDF, 1577 KB]
Appendix 2: Outline Development Plan [PDF, 948 KB]
Appendix 3: Analysis of New Residential Construction and Land Availability [PDF, 2119 KB]
Appendix 4: Urban Design Assessment [PDF, 1514 KB]  (updated 15/6/21)
Appendix 5: Traffic Assessment [PDF, 1793 KB]
Appendix 6: Servicing Report [PDF, 1578 KB]
Appendix 7: Preliminary Site Investigation [PDF, 5393 KB] (updated 15/6/21)
Appendix 8: Geotechnical Report [PDF, 2365 KB]
Appendix 9: Environment Canterbury Flood Assessment [PDF, 3626 KB]
Appendix 10: Landscape and Visual Assessment [PDF, 5132 KB]t
Appendix 11: Transpower Consultation [PDF, 476 KB]
Appendix 12: Assessment of National Policy Statement on Urban Development [PDF, 183 KB]
Appendix 13: Assessment of CRPS Objectives and Policies [PDF, 228 KB]
Appendix 14: Assessment of Canterbury Land and Water Regional Plan (LWRP) [PDF, 172 KB]
Appendix 15: Assessment of Mahaanui Iwi Management Plan (MIMP) [PDF, 188 KB]
Appendix 16: Assessment of Operative  Selwyn District Plan Objectives and Policies [PDF, 382 KB]
Appendix 17: Assessment of Proposed Selwyn District Plan Objectives and Policies [PDF, 346 KB]

Contact

For further information contact the team on 0800 SELWYN (735 996) or email contactus@selwyn.govt.nz