Information on the proposal for use of section 71 to amend the District Plan to provide a policy framework that supports the Residential Unit Overlay.

Residential Unit Overlay proposal: background

A lack of specific policy direction to support the Residential Unit Overlay has created confusion and uncertainty for people looking to erect a building on a vacant site in parts of New Brighton, South New Brighton, Southshore and Redcliffs.

The Council resolved on 27 September 2018 [PDF, 638 KB]to develop a proposal for the use of section 71 of the Greater Christchurch Regeneration Act 2016 (GCRA) to amend the District Plan to provide a policy framework that supports the Residential Unit Overlay. The Council also instructed staff to engage with relevant former members of the Independent Hearings Panel on the Christchurch Replacement District Plan, to seek advice on the policy development required for the proposal.

Two changes to the District Plan were developed to resolve the issue a policy amendment to support the Residential Unit Overlay, and an additional rule amendment to broaden the application of an existing rule providing for permitted replacement of existing houses. These changes, along with the relevant existing District Plan provisions are outlined in the relevant District Plan provisions document [PDF, 307 KB].

The following links outline the reasons for the policy [PDF, 108 KB] and rule amendments  [PDF, 275 KB] along with legal advice (Brookfields 12 October [PDF, 4.7 MB] and Council 26 October [PDF, 188 KB]) confirming the lawfulness and appropriateness of the proposed changes.

The Council resolved on 15 October 2018 [PDF, 535 KB]to approve the draft section 71 proposal for consultation with strategic partners, the Department of the Prime Minister and Cabinet, and Regenerate Christchurch.

Following the receipt of feedback from the parties above, Council approved the final draft proposal [PDF, 454 KB] on 1 November 2018 and sent it to the Minister for Greater Christchurch Regeneration and Regenerate Christchurch in accordance with section 66 of the GCRA.

The Minister will make a decision whether to proceed (section 67 of the GCRA), and if so, will then invite public comment (section 68 of the GCRA), and subsequently make a decision on whether to exercise power in section 71 (section 69 of the GCRA).