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Residential Unit Overlay District Plan Changes Section 71 Proposal approved

Christchurch City Council’s Residential Unit Overlay District Plan Changes Section 71 Proposal (the Proposal) was approved on 13 December 2018 by Hon Dr Megan Woods, the Minister for Greater Christchurch Regeneration (the Minister) under sections 69 and 71 of the Greater Christchurch Regeneration Act 2016 (GCG Act).

The approval was gazetted on 14 December 2018.

The Proposal fast tracks amendments to the Christchurch District Plan which, provide greater clarity and certainty to the Residential Unit Overlay, particularly for people seeking to rebuild or extend their house, and contribute to the regeneration of New Brighton, South New Brighton, Southshore and Redcliffs.

It took effect on 14 December 2018.

The decision was publicly notified in The Press on Monday, 17 December 2018.

The full name of the Proposal is:

Residential Unit Overlay District Plan Changes: Proposal to exercise power under section 71 of the Greater Christchruch Regeneration Act 2016

Proposal to amend the Christchurch District Plan to provide policy support for the Residential Unit Overlay and broaden the application of an existing rule which permits replacement of existing houses.

Read more about Dr Woods announcing approval of the Proposal on the Beehive website: Amendments to the Christchurch District Plan approved.

On this page:

Decision to approve the Proposal

In making her decision, the Minister took into account the Proposal, the 138 written comments received during the written comment period, and the requirements of the GCR Act.

Of the 138 written comments received 131 supported and 7 opposed the Proposal.

  • The majority of the written comments supporting the Proposal referred to enabling rebuilding and community recovery; correcting an inequity for a minority of property owners and the ability to manage flood hazards.
  • Written comments not supporting the Proposal generally had concerns about natural hazards and the long-term effect of predicted sea-level rise.

Residential Unit Overlay Section 71 proposal - writtent comments (22MB PDF)

Residential Unit Overlay Section 71 proposal - summary of written comments (1MB PDF)

Alternative legislative processes

Alternative process were considered but none would necessarily result in resolving the issue with the same efficiency and certainty.

For more information about the Minister’s decision:

The changes to the Christchurch District Plan come into effect on 14 December 2018

The written comment stage

The Minister publicly notified the Proposal in the Gazette on Friday 9 November 2018 and in the The Press on Saturday 10 November 2018, and invited people to give their views, in writing, on the Proposal.

Written comments could be made online, by email or on hardcopy forms.

Anyone could make a written comment, which had to be received by 5pm, Monday, 26 November 2018.

All the written comments received will be taken into account by the Minister in deciding whether to approve the Proposal.

Overview of the Proposal

(Please refer to the Proposal for more detail.)

High Flood Hazard Management Area
Map 1 - High Flood Hazard Management Area
The Christchurch District Plan identifies and regulates the types of activities that can occur in the High Flood Hazard Management Area - an area affected by sea level rise and rain or river flooding (shown purple on the maps). This is to help manage the risk to people and property in a very large flood event.

The Residential Unit Overlay applies to part of the High Flood Hazard Management Area, where the risk of flooding is predominantly from sea level rise (not rain or river flooding). The Residential Unit Overlay consists of parts of New Brighton, South New Brighton, Southshore and Redcliffs (shown orange on the maps).

Previously, there wasn’t a specific policy in the Christchurch District Plan to support the rules for the Residential Unit Overlay, creating confusion and uncertainty for people wanting to build or extend a house. This was particularly the case on vacant sites that had previously had a house, which was demolished following the earthquakes, being required to seek resource consent for a new replacement house.

Residential Unit Overlay within the High Flood Hazard Management Area
Map 2 - Residential Unit Overlay within the High Flood Hazard Management Area
Christchurch City Council considered this had created a fairness and equity issue for residents seeking to rebuild on vacant sites that previously had a house.

The Proposal, prepared by Christchurch City Council, was about using section 71 of the Greater Christchurch Regeneration Act 2016 to amend the Christchurch District Plan to:

  • provide clarity and support to the Residential Unit Overlay
  • insert a new rule, permiting people with vacant sites (where houses have been demolished since the earthquakes) in the Residential Unit Overlay to rebuild houses of a similar size to the now demolished house without the requirement for a resource consent.

The Proposal also applies to a small number of other areas within the broader High Flood Hazard Management Area where the risk of flooding is also predominantly from sea level rise.

The amendments provide greater clarity and certainty to the Residential Unit Overlay, particularly for people seeking to rebuild or extend their house, and contribute to the regeneration of New Brighton, South New Brighton, Southshore and Redcliffs.

Using section 71 has fast tracked the amendments.

The Minister for Greater Christchurch Regeneration, Hon Dr Megan Woods (the Minister) received the Proposal developed by Christchurch City Council together with supporting documents on 1 November 2018.

Background to the Proposal

For more information about the background to the Proposal see Christchurch City Council’s website:
https://www.ccc.govt.nz/the-council/plans-strategies-policies-and-bylaws/plans/christchurch-district-plan/view-the-chapters-and-planning-maps/residential-unit-overlay-proposal/

The process

In developing the Proposal, Christchurch City Council (the Council) asked the strategic partners (Environment Canterbury, Ngāi Tahu, Selwyn and Waimakariri District Councils), Regenerate Christchurch and the Department of the Prime Minister and Cabinet for feedback on a draft of the Proposal, as part of the process required by the Greater Christchurch Regeneration Act 2016.

The Council considered the feedback (see the concise summary document) in finalising the Proposal. The Council considers that the amendments will provide greater clarity and certainty to the Residential Unit Overlay, particularly for people seeking to rebuild or extend their house, and contribute to the regeneration of New Brighton, South New Brighton, Southshore and Redcliffs.

The Council considered a number of alternatives to using the section 71 process and states in the Proposal that none was able to achieve a resolution to the issue with the same efficiency and certainty.

The finalised Proposal was supported by Regenerate Christchurch

Read the Minister's Press Release: Feedback sought on amendments to the Christchurch District Plan

The Minister publicly notified the Proposal on the Department of the Prime Minister and Cabinet’s website, in the Gazette on Friday 9 November 2018 and in The Press on Saturday 10 November 2018, and invited people to give their views in writing on the Proposal.

Anyone could make a written comment, which had to be received by 5pm, Monday, 26 November 2018.

All the written comments received were taken into account by the Minister in deciding whether to approve the Proposal.

On 14 December 2018, the Minister announced that she had approved the Proposal and that the changes would come into effect on 14 December 2018.

Last updated: 
Friday, 21 December 2018

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