Private plan change request 82: rezone Rural Outer Plain Zone to Living MD and Business 1 Zone, Rolleston

CURRENT STATUS: Environment Court determines appeal

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

About the private plan change

On 26 October 2021 Brookside Road Residential Limited lodged a private plan change request with the Council. The request seeks a change to the Operative Selwyn District Plan by rezoning approximately 110 hectares of current rural land in Rolleston to Living MD and Business 1.

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 April 2023

On 10 March 2023, the plan change applicant lodged an appeal against the decision of the Council to decline the request.

Update 22 February 2023

At its meeting on 8 February 2023, 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 82 as its formal decision, and decline the plan change request. This decision has be publicly notified on 22 February 2023, providing an opportunity for parties involved in Plan Change 82 to lodge an appeal against the decision. A copy of the public notice is below.

Public Notice of Council Decision [PDF, 31 KB]
Council Agenda 8 February 2023 [PDF, 26129 KB] and The Minutes [PDF, 216 KB]

Update 27 January 2023

Council has received the Commissioner's recommendation in relation to PC82. Council will consider this recommendation at a forthcoming meeting of Council.

Update 12 December 2022

The Applicant has provided further closing submissions [PDF, 13959 KB].

Update 7 December 2022

The hearing for PCs 81 and 82 reconvened on Monday 5^th December 2022, and the following document was tabled by the proponent:

Closing Legal Statement [PDF, 802 KB]

Update 5 December 2022

In response to the odour buffer, a joint witness statement [PDF, 731 KB] on planning matters prepared by the proponent and the Council was received.

Update 25 November 2022

The following supplementary evidence is provided in response to the Commissioner’s Minute No. 3.

Joint Witness Statement – Urban Design [PDF, 3380 KB]

Applicant:
Supplementary Evidence of Gary Sellars (Valuer) [PDF, 156 KB])
Supplementary Evidence of Dave Compton Moen (Urban Design) [PDF, 153 KB]
Supplementary Evidence of Donovan Van Kekem (Odour) [PDF, 233 KB]
Supplementary Evidence of John Iseli (Odour) [PDF, 142 KB]
Supplementary Evidence of Jeremy Phillips (Planning) [PDF, 9457 KB]

Council:
Supplementary Evidence of Andrew Curtis (Odour) [PDF, 376 KB]
Supplementary Evidence of Liz White (Planning) [PDF, 836 KB]

Update 18 November 2022

In response to Minute No. 3 [PDF, 617 KB], a joint schedule has been prepared by the proponent and the Council of the recorded dwelling yield within Rolleston.

Update 14 November 2022 - Minute 5

The Commissioner has provided Minute 5 [PDF, 111 KB] regarding extensions of deadlines. The minute also contains details regarding the Hearing date

Update 31 October 2022 – Minute No. 4

The Commissioner has provide Minute 4 [PDF, 113 KB]regarding the timing of documentation and supplementary evidence, as well as expert conferencing. The minute also contains details regarding the resumption of the hearing. Please note that this date is subject to change as it conflicts with other proceedings on that day.

Update 20 September 2022

The Commissioner has issued Minute No. 3 [PDF, 128 KB] regarding post hearing directions.

Update 13 September 2022 - Hearing Day 2

The following documents were tabled at day two of the hearing.

Applicant:

Summary of evidence - David Compton Moen (Urban design & landscape) [PDF, 141 KB]
Summary of evidence - Jeremy Phillips (Planning) [PDF, 1064 KB]
Summary of evidence - Nicole Lauenstein (Urban design) [PDF, 148 KB]
Summary of evidence - Paul Farrelly (Greenhouse gas emissions) [PDF, 226 KB]
Summary of evidence - Tim McLeod (Infrastructure) [PDF, 150 KB]

Council:

Summary statement of Andrew Boyd (Solid waste) [PDF, 165 KB]
Summary statement of Andrew Curtis (Odour) [PDF, 435 KB]
Summary statement of Hugh Nicholson (Urban design & landscape) [PDF, 103 KB]
Summary statement of Liz White (Planning) [PDF, 946 KB]
Summary statement of Mathew Collins (Transport) [PDF, 289 KB]
Summary statement of Murray England (Infrastructure) [PDF, 123 KB]

Submitters:

Statement of evidence - Marcus Langman (Planning) on behalf of The Canterbury Regional Council & Christchurch City Council [PDF, 144 KB]

Update 9 September 2022

As per the Commissioner’s Hearing Minute circulated on 15 July 2022, the following evidence and/or material has been provided by submitters:

Ministry of Education - Tabled letter [PDF, 175 KB]
Christchurch City Council and Canterbury Regional Council - Legal Submissions [PDF, 178 KB]
New Zealand Defence Force - Tabled letter [PDF, 113 KB]

Update 8 September 2022

As per the Commissioners Hearing Minute circulated on 15 July 2021, direction has been given regarding the Hearing Schedule [PDF, 98 KB].
For those who are unable to attend the hearing in person it will be available to view on the Selwyn District Council YouTube Channel.

Update 8 September 2022

As per the Commissioners Hearing Minute circulated on 15 July 2021, the submitter's evidence and applicant's legal submissions are now available for viewing.

Hill Street Limited - Synopsis of Submissions [PDF, 506 KB]
Applicant's Opening Legal Submissions [PDF, 585 KB]

Update 6 September 2022

As per the Commissioners Hearing Minute circulated on 15 July 2021, the submitter's evidence is now available for viewing.

Evidence of Olivia Whyte on behalf of Waka Kotahi New Zealand Transport Agency [PDF, 138 KB]
Evidence of Marcus Langman on behalf of Christchurch City Council and Environment Canterbury [PDF, 401 KB]

Update 29 August 2022

As per the Commissioner's Hearing Minute circulated on 15 July 2022, the applicant’s expert evidence is now available for viewing.

Chris Blackmore - Traffic Modelling [PDF, 224 KB]
Chris Jones - Real Estate [PDF, 168 KB]
Dave Compton Moen - Urban Design and Landscape [PDF, 8961 KB]
Donovan van Kekem - Odour [PDF, 1006 KB]
Fraser Colegrave - Economics [PDF, 1429 KB]
Gary Sellers - Registered Valuer [PDF, 332 KB]
Greg Akehurst - Economics [PDF, 938 KB]
Jeremy Phillips - Planning [PDF, 8036 KB]
John Iseli - Odour [PDF, 187 KB]
Mark Taylor - Ecology [PDF, 166 KB]
Nick Fuller - Transport [PDF, 878 KB]
Nicole Lauenstein - Urban Design [PDF, 259 KB]
Paul Farrelly - Greenhouse Gas Emissions [PDF, 540 KB]
Tim Carter - Company [PDF, 680 KB]
Tim McLeod - Infrastructure [PDF, 172 KB]
Victor Mthamo - Water Supply and Versatile Soils [PDF, 303 KB]

The Hearing Commissioner has issued Minute 2 [PDF, 165 KB], extending the deadline for the provision of submitter evidence until 4pm Monday 5^th September 2022.

Update 19 August 2022

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.

Given the commonalities between this plan change and Plan Change 81, in terms of the proponent, location, submitters and planning context, both plan changes are to be heard jointly, and the s42A report considers both. While they remain separate requests, issues common to both are dealt with jointly, but matters specific to only one of the plan changes are assessed separately.

Section 42a Report for PCs 81 and 82 [PDF, 1492 KB]
Appendix A - Geotechnical Evidence [PDF, 300 KB]
Appendix B - Ecology Evidence [PDF, 230 KB]
Appendix C - Infrastructure Servicing Evidence [PDF, 2830 KB]
Appendix D - Solid Waste Evidence [PDF, 428 KB]
Appendix E - Odour Evidence [PDF, 817 KB]
Appendix F - Urban Design and Landscaping Evidence [PDF, 2672 KB]
Appendix G - Transportation Evidence [PDF, 3750 KB]

Advice is also attached a memo from Council’s counsel in relation to Clause 26 of the First Schedule of the RMA, and Council’s application of such.

Plan Changes 81 82 First Schedule Clause 26 [PDF, 137 KB]

Update 16 August 2022

The proponent has provided the following documentation confirming a number of minor amendments to the plan change as notified, as follows:

Removal of any reference to a ‘qualifying matter’, insofar that this term is used in the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 (‘EHS Act’) and section 77I in particular, and the removal of reference to a ‘maximum’ number of households.

It is still proposed that the plan change retains a method for assessing (and if necessary mitigating) transport effects of further development of the land in the future. This is proposed to be managed through the inclusion of an assessment matter for subdivision consent that would require consideration of any recommendations in an integrated transport assessment (‘ITA’) where a specified number of allotments or dwellings over the plan change area is exceeded. For PC82 this rule would apply to any subdivision resulting in more than 1320 allotments, or which provides for more than 1320 dwellings, in total on the subject land.
In response to matters raised in the submission by the Ministry of Education, it is proposed to include wording regarding the potential provision of educational facilities in policy, assessment matters and outline development plan text.
The proponent has also taken the opportunity to formally propose minor amendments in response to matters raised in the course of the hearing on Plan Change 73 (PC73). Specifically, it is proposed to include:
a. assessment matters that concern:

i. ‘Whether the pattern and staging of development commences adjacent to Dunns Crossing Road and/or adjacent land development to maximise connectivity and the efficient provision of infrastructure’; and,

Update 15 July 2022

A Commissioner has been appointed and a hearing is to be held at Te Whare Tapere – Tahi in Te Ara Ātea, 59 Tennyson Street, Rolleston on 12 and 13 September 2022, with 14 September 2022 a standby date (if a third day is needed) to consider the request.

The Commissioner's Hearing Minute [PDF, 165 KB] circulated on 15 July 2022 requested that expert evidence be pre-circulated at set times.

The Officer's report is currently being prepared and will be available to view from 19 August 2022.

Update 28 June 2022 - Further Submissions Closed

The period for further submissions closed on 22 June 2022. No further submissions were received.

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.

Update 8 June 2022 - Further Submissions

The original submissions have been summarized and are open for further submissions until 5pm, Wednesday 22 June 2022. The period for further submissions was publicly notified in the Selwyn Times on 8 June 2022.

Public Notice [PDF, 37 KB]

Summary of Submissions
Submitter's Contact Details [PDF, 68 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 82. 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 25 May 2022 - Late Submission Received

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

Update 13 May 2022 - Submissions Received

16 submissions were received in relation to PC82 and can be viewed online at Summit Up.

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

Update 10 May 2022 - Submissions Closed

Public submissions on Plan Change request 82 closed at 5pm on Monday 9 May 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 6 April 2022 - Public Notification

Private Plan Change 82 was accepted for notification at Council’s meeting on 23 March 2022.

The Plan Change was publicly notified in the Selwyn Times newspaper on 6 April 2022.

Public Notice [PDF, 28 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 Monday 9 May 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 9 May 2022, submissions will be summarised and made available to the public.

Update 23 March 2022 – Amended Application and Recommendation on how to proceed

The further information provided on 20 January 2022 was reviewed and it was considered that a further request necessary. This was issued on 1 March 2022 and included a request that the plan change application be amended to address the requirements of the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021.

The applicant provided a response on 11 March 2022, and has amended the request to seek rezoning of the area to Living MD.

The following documents are now considered to comprise the request documents. Where these supersede the original application documents received, this has been acknowledged.

Council will consider if the plan change application should be accepted for notification at its meeting on 23 March 2022.

Report to Council on how to proceed with Plan Change 82 [PDF, 159 KB]

Update 20 January 2022

In response to Council’s request dated 13 December 2021, the following response was received on 20 January 2022. The response is currently being reviewed to ensure that the matters raised in the request for further information have been satisfactorily addressed.

Request for Further Information Response for PC82 [PDF, 1197 KB]
Appendix A: Ecology Response to PC82 RFI [PDF, 464 KB]
Appendix B: PC82 Landscape and Visual Assessment Peer Review [PDF, 152 KB]
Appendix C: Revised ODP and Narrative [PDF, 9447 KB]
Appendix D: Stantec Traffic Response to PC82 RFI [PDF, 4436 KB]

Update 14 December 2021

The application has been reviewed and a request for further information [PDF, 296 KB] was issued on 13 December 2021.

Update 27 October 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.

Application for Private Plan Change - Brookside Road Residential Ltd. [PDF, 1927 KB]
Appendix 1: Records of Title [PDF, 385 KB]
Appendix 2: Outline Development Plan - including narrative [PDF, 2918 KB]
Appendix 3: Urban Design Statement and Visual Assessment - a+ Urban [PDF, 18962 KB]
Appendix 4: Geotechnical Investigation - Fraser Thomas [PDF, 4206 KB]
Appendix 5: Preliminary Site Investigation - Fraser Thomas [PDF, 8742 KB]
Appendix 6: Infrastructure Report - Fraser Thomas [PDF, 2224 KB]
Appendix 7: Integrated Transport Assessment - Stantec [PDF, 6356 KB]
Appendix 8:Assessment of RPS Objectives and Policies [PDF, 379 KB]
Appendix 9: Assessment of Land and Water Regional Plan Objectives and Policies [PDF, 135 KB]
Appendix 10: Assessment of Operative District Plan Objectives and Policies [PDF, 334 KB]
Appendix 11: Assessment of Proposed District Plan Objectives and Policies [PDF, 208 KB]
Appendix 12: Assessment od NPS-UD 2020 [PDF, 3175 KB]
Appendix 13: Section 32 Assessment [PDF, 266 KB]
Appendix 14: Economics - Insight Economics [PDF, 2475 KB]
Appendix 15: Economics - Brown, Copeland & Co. [PDF, 304 KB]

Contact

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

Private plan change request 82: rezone Rural Outer Plain Zone to Living MD and Business 1 Zone, Rolleston

CURRENT STATUS: Environment Court determines appeal

About the private plan change

Map showing the proposed site

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