Housing Accords and Special Housing Areas (Selwyn District) Order 2016

2016/7

Coat of Arms of New Zealand

Housing Accords and Special Housing Areas (Selwyn District) Order 2016

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 15th day of February 2016

Present:
His Excellency the Governor-General in Council

This order is made under sections 15 to 17 of the Housing Accords and Special Housing Areas Act 2013—

(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 (Selwyn District) Order 2016.

2 Commencement

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

3 Interpretation

In this order,—

relevant date means the date on which the relevant resource consent application or request to vary the Selwyn District Plan is made under the Act, whichever is the earlier.

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

(1)

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 2:

(b)

the maximum calculated height that buildings must not exceed is 8 metres:

(c)

the minimum number of dwellings to be built in each qualifying development is 30:

(d)

the percentage of dwellings that must be affordable dwellings is 10% in accordance with the criteria in subclause (2) or (3), as applicable.

(2)

For any part of a special housing area that falls within a proposed development that is not a staged development, the development meets the criteria in subclause (1)(d) for the percentage of dwellings that must be affordable dwellings if,—

(a)

in relation to 10% of the proposed dwellings, the price at which a dwelling may be sold does not exceed 75% of the Rolleston Township of Selwyn District median house price for the period that comprises the most recent full consecutive months of July, August, and September (in relation to the relevant date) supplied by the Real Estate Institute of New Zealand Incorporated and published on an Internet site maintained by the Selwyn District Council; and

(b)

where the application is for a subdivision consent, the applicant—

(i)

identifies the lots of the subdivision allocated for the building of dwellings that meet the criterion in paragraph (a); and

(ii)

specifies the mechanism for ensuring that any building built on any of those lots is a dwelling that will meet that criterion or is a building associated with such a dwelling.

(3)

For any part of a special housing area that falls within a proposed development that is a staged development, the development meets the criteria in subclause (1)(d) for the percentage of dwellings that must be affordable dwelllings if,—

(a)

in relation to 10% of the proposed dwellings in each stage of the development, the price at which a dwelling may be sold does not exceed 75% of the Rolleston Township of Selwyn District median house price for the period that comprises the most recent full consecutive months of July, August, and September (in relation to the relevant date) supplied by the Real Estate Institute of New Zealand Incorporated and published on an Internet site maintained by the Selwyn District Council; and

(b)

where the application is for a subdivision consent, the applicant—

(i)

identifies the lots of the subdivision in each stage of the development allocated for the building of dwellings that meet the criterion in paragraph (a); and

(ii)

specifies the mechanism for ensuring that any building built on any of those lots is a dwelling that will meet that criterion or is a building associated with such a dwelling.

(4)

For the purposes of calculating whether a development meets the 10% threshold in subclause (2)(a) or (3)(a), if the calculation of the percentage of dwellings that must be affordable dwellings results in a fractional dwelling of one-half or more, that fraction is counted as 1 dwelling, and any lesser fraction may be disregarded.

Schedule 1 Dryden Trust and Dean Geddes Blocks special housing area

cl 4

Map of special housing area

Map of Dryden Trust and Dean Geddes Blocks special housing area

Description of Dryden Trust and Dean Geddes Blocks special housing area

Land identificationCT numberArea (ha)
Lot 1 DP 3053732159736.2200
Lot 1 DP 411402
Lot 2 DP 411402
44342
44343
35.9773

Schedule 2 Faringdon South 1 special housing area

cl 4

Map of special housing area

Map of Faringdon South 1 special housing area

Description of Faringdon South 1 special housing area

Land identificationCT numberArea (ha)
Lot 1 DP 3274301114236.0000
Lot 2 DP 3274301114224.0000
Lot 1 DP 4240894935584.0000
Lot 2 DP 4240894935596.0000
Lot 1 DP 75986CB430/25618.3000
Lot 2 DP 75986CB430/2573.7200

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 2 areas in Selwyn District 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:

  • the percentage of dwellings that must be affordable dwellings and the affordability criteria.

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 the Selwyn District Council is a party to a housing accord under the Act, an applicant for a resource consent can request a variation to the Selwyn District Plan in certain circumstances where that is associated with the resource consent application.

This order is the first to create special housing areas in Selwyn District.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 18 February 2016.

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