Withdrawal of Coastal Hazards provisions from Stage 3 Natural Hazards proposal

Withdrawal of Coastal Hazards provisions from Stage 3 Natural Hazards proposal of Proposed Christchurch Replacement District Plan

1. On 27 July 2015 the Christchurch City Council publicly notified a number of proposals and associated planning maps to replace some of the provisions of the operative Christchurch City Plan and the operative Banks Peninsula District Plan. The period for making submissions on those proposals closed on 4 September 2015.

2. On 4 September 2015 the Council gave notice that the Chair of the Independent Hearings Panel had extended the period for making submissions on the Coastal Hazards provisions of the Stage 3 Natural Hazards Proposal, all of the Coastal Environment Proposal and associated planning maps under clause 5 of Schedule 3 of the Christchurch Earthquake (Christchurch Replacement District Plan) Order 2014 (the Principal Order). On 12 October 2015, the Principal Order was amended by the Canterbury Earthquake (Christchurch Replacement District Plan) Amendment Order (No 2) 2015 (Amendment Order) to withdraw certain Coastal Hazards provisions, with the amendments coming into force on 16 October 2015.

3. Notice is hereby given that from 16 October 2015, in accordance with Clause 5A of the Canterbury Earthquake (Christchurch Replacement District Plan) Amendment Order (No 2) 2015, (a) the proposed Coastal Hazards provisions namely:

  • 5.0 Introduction Coastal Hazards
  • 5.2.9 Policy - Changing Climate
  • 5.6 Policies for coastal hazards
  • 5.11 Coastal erosion and coastal inundation rules
  • Natural Hazard overlays for Coastal Erosion Management Areas 1 and 2 and Coastal Inundation Management Areas 1 and 2 in the Natural Hazards Stage 3 planning mapsare withdrawn from the Natural Hazards (Part) Stage 3 Proposal; and

(b) the Independent Hearings Panel ceases to have any function or powers under clause 10 or Schedule 1 of the Principal Order; and

(c) any submissions received must be disregarded to the extent that they relate to the proposed coastal hazards provision described above, although the remaining Coastal Environment provisions will be subject to the process set out in the Principal Order.

4. As a consequence of the withdrawal of the proposed Coastal Hazard provisions described above the provisions in the operative Christchurch City Plan and the operative Banks Peninsula District Plan that relate to coastal hazards will continue to apply after the conclusion of the Replacement District Plan process. These provisions are set out in the table below:

Christchurch City Plan

Operative provisions to be retained for coastal hazards only

Volume 2: The Statement of Objectives, Policies and Issues
Section 2 Natural Environment

Policy 2.5.2 – Limitations on development

To avoid any increased risk of adverse effects on property, wellbeing and safety from natural hazards by limiting the scale and density of development, which:

  1. is within an area subject to moderate to high risk of damage from natural hazards; or
  2. would result in an increased risk of damage from natural hazards elsewhere; or
  3. would adversely affect the functioning of existing flood protection works.

Policy 2.5.4 – Sea level rise

To avoid higher density forms of built development, and adverse effects from inundation, in areas that are projected to be subject to increased flood levels as a result of accelerated sea level rise

Policy 2.5.9 – Works

To undertake works to avoid or mitigate the adverse effects of natural hazards as a supplementary measure to regulation of activities, and the provision of information

Policy 2.6.3 – Coastal development

To avoid or mitigate the adverse effects of erosion and flooding in the coastal environment

Section 6 Urban Growth

Policy 6.3A.6 - Hazards

To ensure that development is avoided, or limited in scale or density in areas subject to natural and other hazards, particularly flooding, erosion, or potential sea level rise, unless these hazards can be adequately remedied or mitigated.

Section 10 Subdivision and development

Policy 10.1.1 – Inundation, flooding and sea level rise

To avoid any increased risk of adverse effects on property and the wellbeing and safety of the community from natural hazards by avoiding subdivision, or subjecting it to appropriate mitigation measures, where:

  1. the subdivision is within an area subject to moderate to high risk from inundation, flooding or high water tables as in ponding areas or the Cashmere Stream floodplain, or
  2. the subdivision would result in an increased risk of inundation or flooding elsewhere

 

Volume 3 - The Statement of Rules

Part 1- Definitions

  • Access, access lot, access strip, access way, accessory building, adjoining, allotment, balcony, boundary, building, building line restriction, City Plan, Council, erection of a building, existing, filling, garage, ground level, habitable building, impervious surfaces, legally defined parcel of land, net area, paved impermeable surface, relocatable building, residential activity, residential unit, risk, setback, site, site boundary, subdivision, vehicle access

Part 2 Living Zones –

Rule 2.0 - Guide to using these rules

  • Rule 2.1.1 Residential activities
  • Rule 2.2 Development standards – Living 1 non notification rule referring to 2.2.12
  • Rule 2.2.12 - Coastal hazards (Living 1 Zone Only) - residential and other activities.
  • Rule 2.4.1 Residential site density for “Living 1 Zone (excluding SBCMA 1 and SAm areas 8, 8a and 8b”, “Living 1 Zone (SBCMA 1) and exceptions (a) and (b)” and “Living 1 (Excluding SAms 8, 8a and 8b)”
  • Rule 2.4.11 hard surfacing limitations
  • Assessment matter, 15.2.19 Coastal Hazards - Living 1 zone only
  • Reason for rule, 16.1.19 - Coastal Hazards Living 1 zone only

Part 5 Conservation Zones

  • Rule 2.0 - Guide to using these rules
  • Rule 2.3.1 Community Standard, Site coverage (d)
  • 4.0 Reason for rules, 4.4, Site coverage 2nd paragraph

Part 9 General Rules

  • 5.2 Rules: Filling, excavation and building adjacent to waterways and the coastline 5.2.4(a) development standard - Filling, excavation and buildings adjacent to coastline (part only - 20 m setback from MHWS) and (b) Council’s discretion...

Part 14 Subdivision

  • Rule 7.1 (a) and (b) - Controlled activities - Natural and other hazards (a) and (b), with (b) applying to erosion and flooding and inundation only)
  • Rule 7.2.1 Coastal flooding and erosion
  • 33.0 Subdivision of land - Reason for rules 33.6 Natural and other hazards 3rd paragraph

Planning Maps

49A - Living 1 zone boundary, C1A zone boundary, South Brighton Coastal Management Area 1 (SBCMA 1), South Brighton Coastal Management Area 2 (SBCMA 2). 49B - Hazard line 1

  


Banks Peninsula District Plan

Operative provisions to be retained for coastal hazards only

Chapter 31 Subdivision

  • Objective 2 To ensure that natural hazards, soil erosion, and slope instability are not exacerbated by activities.
  • Policy 2A Any site created shall not increase risks from natural hazards, soil erosion and slope instability unless such adverse effects can be avoided, remedied or mitigated.
  • Rule 1 Controlled activities (b)
  • Rule 1.1 Matters of Control (limited to “shape, size and orientation of sites - the location of sites and boundaries in relation to natural hazards”).
  • Rule 3 Discretionary Activities – Rural Zone
  • (3.1-3.4, with 3.4 limited to “shape, size and orientation of sites - the location of sites and boundaries in relation to natural hazards”).
  • Rule 4 Discretionary Activities – Rural-Residential Zone (4.1-4.2, with 4.2 limited to “shape, size and orientation of sites - the location of sites and boundaries in relation to natural hazards”).
  • Rule 5 Discretionary Activities – Papakainga Zone (5.1-5.2)
  • Rule 6 Discretionary Activities – Residential Zone (6.1-6.3, with 6.3 limited to “Access – the location and construction of any vehicle access ways, access lots or access strips in relation to natural hazards”.
  • Rule 7 Discretionary Activities – Residential Conservation Zone within Lyttelton (7.1 and 7.2)
  • Rule 8 Discretionary Activities – Residential Conservation Zone within Akaroa (8.1-8.2)
  • Rule 9.3 – Non complying activities

Chapter 38 Natural Hazards

  •  Policy 1C Risk reduction measures shall be promoted where existing activities are located in areas of high existing or potential risk.

Part VII - Definitions

  • Accessory building, allotment, building, dwelling, net site area, relocatable building, residential units, site, structure, subdivision, utility allotment.

 

Date: 23 November 2015

Michael Theelen
Chief Planning Officer Christchurch City Council

Contact Details:
Email:  dpreview@ccc.govt.nz

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