We actively monitor the effectiveness of the District Plan and will regularly initiate plan changes to respond to emerging issues. If you have something you want to change, you have the option of applying for a private plan change, for example changing a sites zoning to Residential to provide for a subdivision.

If your proposed change is site specific, one-off, or a small-scale project, it may be more appropriate for you to apply for a resource consent. In simple terms, a resource consent grants permission for an activity, while a plan change alters the rules (the District Plan) itself.

For example, a subdivision to change one lot into two, is a small activity better served by a resource consent, whereas a subdivision of 40 house lots on a farm might need the rules to be changed to allow large scale residential use in a rural area.

If you have decided to investigate the viability of undertaking a private plan change, you will need to be familiar with the process below.

In most/all cases:

• The applicant lodges a private plan change request with us. This must be in writing and express your reasons for the plan change and describe the environmental effects of the proposal, with supporting technical evidence. If you are planning activities on site, include site plans and descriptions.
• The applicant will need to consult with people affected by the change.
• The plan change proposal needs to include an explanation of the proposed change and a section 32 report (a framework for the evaluation reports about the changes). This report considers the appropriateness of the plan change and assesses the costs and benefits of the environmental, economic, social and cultural effects anticipated from the plan change.
• Council reviews the request to ensure there is enough information and the requirements of Section 32 of the RMA is met. We will request further information and commission reports if necessary.
• We will modify the request with the applicant’s permission, if appropriate.
• Council decides whether to adopt the plan as one of our own plan changes (in which case Council takes the lead), accept it as a private plan change for processing, reject the plan change request, or to convert the request to a resource consent.
• Council publicly notifies that it has adopted or accepted the plan change, allowing submissions and further submissions from the public to be made.
• Council holds a hearing if required, where it assesses the plan change, and the submissions made. Plan change proposals may be heard by Councillors who are accredited commissioners, by independent commissioners who are not Councillors, or by a mix.
• Council will then publicly notify its decision.
• Any submitter can appeal Council’s decision to the Environment Court within 30 working days. The new rules have legal effect if no appeal is made on them.
• Once appeals through the Environment Court are resolved, Council makes the plan change Operative through public notification.

• A plan change proposal – including the issue and background, the outcomes sought, possible options and proposed text changes.
• A Section 32 Report (under the RMA). 
• An Assessment of Environmental Effects

In a nutshell the report looks at:

• Possible options (1+) and identification of the preferred option.
• Assessment of the appropriateness of the options under national, regional, and local legislation.
• Consultation requirements.
• The costs and benefits of the environmental, economic, social, and cultural effects anticipated from the proposed options.
• Assessment of how effective an option is - how well it creates the outcomes sought.
• Assessment of how efficient an option is - balancing gaining the outcomes sought against the costs to get there.
• The Ministry for the Environment have produced a guide for Section 32 writing
• Technical evidence eg Assessment of Environmental Effects.

A basic private plan change can take between six months to one year to process. A more complex plan change could take two years to process.

An application containing evidence of appropriate consultation and complete and correct information will take less time to process.

You will require expert advice from a planning consultant to prepare the private plan changes. Any costs associated with this are at your own expense.

We require a deposit for a private plan change to process the application. This is only a deposit and additional fees are likely to be required. This cost covers all staff time, professional expertise and associated notification costs. The total cost of a private plan change will depend on the scope of the request.

Before preparing your application, it is best to arrange a meeting with one of our Policy Planning Team, you can do this by emailing info@whakatane.govt.nz

It's also advisable to hire a planning consultant to help you prepare your application.