Housing Accords and Special Housing Areas (Wellington—New December 2015 Areas) Order 2015

2015/306

Coat of Arms of New Zealand

Housing Accords and Special Housing Areas (Wellington—New December 2015 Areas) Order 2015

Rt Hon Dame Sian Elias, Administrator of the Government

Order in Council

At Wellington this 7th day of December 2015

Present:
Her Excellency the Administrator of the Government in Council

Pursuant to sections 15 to 17 of the Housing Accords and Special Housing Areas Act 2013, Her Excellency the Administrator of the Government makes the following order, acting—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister for Building and Housing made in accordance with sections 15(2) and (7) and 16(2), (3), and (4)(a)(i) of that Act.

Order

1 Title

This order is the Housing Accords and Special Housing Areas (Wellington—New December 2015 Areas) Order 2015.

2 Commencement

This order comes into force on the day after the date of its notification in the Gazette.

3 Interpretation

In this order, Act means the Housing Accords and Special Housing Areas Act 2013.

4 Declaration of special housing areas

(1)

The area comprising all the land identified in each schedule of this order is severally declared to be a special housing area for the purposes of the Act.

(2)

If there is any inconsistency between the description of the land comprising a special housing area and the map of that land, the description prevails.

5 Criteria for qualifying developments in special housing areas

The following criteria apply for qualifying developments in each special housing area declared by clause 4:

(a)

the maximum number of storeys that buildings may have is 6 (as provided in section 14(1)(b)(i) of the Act):

(b)

the maximum calculated height that buildings must not exceed is 27 metres (as provided in section 14(1)(b)(ii) of the Act):

(c)

the minimum number of dwellings that must be built is,—

(i)

in Glanmire Road, Newlands special housing area (see Schedule 1), 2:

(ii)

in Mein Street, Newtown special housing area (see Schedule 2), 2:

(iii)

in Shelly Bay Extension special housing area (see Schedule 3), 10.

Schedule 1 Glanmire Road, Newlands special housing area

cl 4

Map of special housing area

Glanmire Road, Newlands special housing area

Description of Glanmire Road, Newlands special housing area

Land identificationCT numberArea (ha)
Lot 1 DP 13421WN561/2400.1757

Schedule 2 Mein Street, Newtown special housing area

cl 4

Map of special housing area

Mein Street, Newtown special housing area

Description of Mein Street, Newtown special housing area

Land identificationCT numberArea (ha)
Lot 1 DP 76525; Pt Sec 790 City of WellingtonWN42D/820; WN5C/783; WN171/222; WN172/121; WN175/1530.6300

Schedule 3 Shelly Bay Extension special housing area

cl 4

Map of special housing area

Shelly Bay Extension special housing area

Description of Shelly Bay Extension special housing area

All that land (including legal roads) comprising 7.32 hectares commencing at the most northern point of Section 9 SO Plan 339948, bounded—

(a)

to the north by the northern boundaries of Section 9 SO Plan 339948 and Section 1 SO Plan 37849; then

(b)

to the east by the eastern boundaries of Section 1 SO Plan 37849, Section 3 SO Plan 339948, and Section 2 SO Plan 339948 for a distance of 31.26 metres; then

(c)

by the eastern and south-eastern boundaries of the Shelly Bay special housing area as set out in Schedule 10 of the Housing Accords and Special Housing Areas (Wellington—New June 2015 Areas) Order 2015; then

(d)

by the north-eastern, south-eastern, and south-western boundaries of Part Section 20, Watts Peninsula District; then

(e)

to the south by the extension of the south-western boundary of Part Section 20, Watts Peninsula District westwards across Shelly Bay Road to the line of Mean High Water Springs (MHWS); then

(f)

to the west by the line of MHWS northwards until intersecting with the existing wharf structures; then

(g)

by the seaward edges of the existing wharf structures until intersecting with the line of MHWS again; then

(h)

to the west by the line of MHWS until intersecting with the extension of the northern boundary of Section 9 SO Plan 339948 westwards across Massey Road; then

(i)

to the north by the extension of the northern boundary of Section 9 SO Plan 339948 westwards across Massey Road, then to the point of commencement; but

(j)

excluding the Shelly Bay special housing area as set out in Schedule 10 of the Housing Accords and Special Housing Areas (Wellington—New June 2015 Areas) Order 2015.

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order, which comes into force on the day after the date of its notification in the Gazette, declares 3 areas in Wellington to be special housing areas for the purposes of the Housing Accords and Special Housing Areas Act 2013 (the Act). The land comprising each special housing area is described and shown on a map in a schedule of the order.

The order also specifies the criteria that a development in each of the special housing areas must meet in order to be a qualifying development for the purposes of the Act. Those criteria, which are additional to the requirement under the Act that the development will be predominantly residential, are—

  • the minimum number of dwellings that must be built:

  • the maximum number of storeys that buildings in the development may have and the maximum height that buildings may be.

This order does not prescribe affordability criteria for any of the special housing areas.

The overall effect of the order is that if a proposed development in a special housing area will be predominantly residential and meets the criteria specified for qualifying developments, applications for resource consents can (but do not have to) be made under the Act instead of under the Resource Management Act 1991. Also, because Wellington City Council is a party to a housing accord under the Act, an applicant for a resource consent can request a variation to the Wellington City District Plan in certain circumstances where that is associated with the resource consent application.

This order is the third to create special housing areas in Wellington. The previous orders are—

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 10 December 2015.

This order is administered by the Ministry of Business, Innovation, and Employment.