Housing Accords and Special Housing Areas (Tauranga—New May 2016 Areas) Order 2016

2016/93

Coat of Arms of New Zealand

Housing Accords and Special Housing Areas (Tauranga—New May 2016 Areas) Order 2016

Rt Hon Dame Sian Elias, Administrator of the Government

Order in Council

At Wellington this 16th day of May 2016

Present:
Her Excellency the Administrator of the Government 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 (Tauranga—New May 2016 Areas) 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,—

nett developable area has the meaning given in Chapter 3 of the operative Tauranga City Plan

operative Tauranga City Plan

(a)

means the Tauranga City Plan made operative on 5 July 2014; and

(b)

includes all amendments to that plan notified before 1 January 2015.

4 Declaration of special housing areas

(1)

The area comprising all the land identified in Schedules 1 and 2 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 and parts of special housing areas

(1)

The criteria set out in subclauses (2) to (4) apply for qualifying developments in each special housing area declared by clause 4.

(2)

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

(3)

The maximum calculated height that buildings must not exceed—

(a)

in Golden Sands Extension special housing area (see Schedule 1) is,—

(i)

for area 5, 9.5 metres:

(ii)

for area 5B, 17.5 metres:

(b)

in Palm Springs Extension special housing area (see Schedule 2) is,—

(i)

for land in the Wairakei Residential Zone (as defined in the operative Tauranga City Plan), 9.5 metres:

(ii)

for land in the proposed Neighbourhood Centre Zone (as defined in the operative Tauranga City Plan), 17.5 metres.

(4)

The minimum number of dwellings that must be built—

(a)

in Golden Sands Extension special housing area (see Schedule 1) is the product of 15 and the number of hectares of nett developable area in that special housing area:

(b)

in Palm Springs Extension special housing area (see Schedule 2) is 1.

(5)

For the purposes of subclause (4)(a), if the calculation of the number of dwellings results in a fractional dwelling of one-half or more, that dwelling is counted as 1 dwelling, and any lesser fraction may be disregarded.

6 Amendments to Housing Accords and Special Housing Areas (Tauranga City) Order 2015 relating to Golden Sands special housing area

(2)

In clause 5(3)(a)(ii), replace “Area 4” with “Areas 1A and 4”.

(3)

In Schedule 1, replace the map of the Golden Sands special housing area with the map of the special housing area set out in Schedule 3 of this order.

(4)

In Schedule 1, item relating to Area 1, paragraph (w), after “corner of Lot 524 DP 479762”, insert “; but”.

(5)

In Schedule 1, after paragraph (w) of the item relating to Area 1, insert:

(x)

excluding Area 1A.

(6)

In Schedule 1, after the item relating to Area 1, insert:

Area 1A

That part of Lot 524 DP 479762 limited to the land parcel bounded by lines described below, starting from the point that is 234 metres in a southerly direction along the north-eastern boundary of Lot 524 DP 479762 from the north-easternmost corner of Lot 524 DP 479762 (the commencement point); then—

(a)

on a bearing of 257°32′ for a distance of 205.95 metres; then

(b)

on a bearing of 219°14′ for a distance of 40.24 metres; then

(c)

on a bearing of 200°22′ for a distance of 4.15 metres; then

(d)

on a bearing of 116°23′ for a distance of 140.58 metres; then

(e)

on a bearing of 114°36′ for a distance of 100.30 metres; then

(f)

on a bearing of 3°22′40″ for a distance of 184.06 metres reaching the commencement point.

Schedule 1 Golden Sands Extension special housing area

cl 4

Map of special housing area

Golden Sands Extension special housing area

Description of Golden Sands Extension special housing area

Area 5

All the land described in the following table:

Land identificationCT numberArea (ha)
Lot 1 DP 488402712159
712160
21.4660

But excluding Area 5B.

Area 5B

Part of Lot 1 DP 488402 limited to the land parcel bounded by lines described below, starting from the point that is 234 metres in a southerly direction along the north-western boundary of Lot 1 DP 488402 from the north-westernmost corner of Lot 1 DP 488402 (the commencement point); then— —

(a)

on a bearing of 76°36′ for a distance of 172.03 metres; then

(b)

on a bearing of 77°56′ for a distance of 3.81 metres; then

(c)

on a bearing of 82°24′ for a distance of 9.99 metres; then

(d)

on a bearing of 88°52′ for a distance of 9.99 metres; then

(e)

on a bearing of 95°21′ for a distance of 9.99 metres; then

(f)

on a bearing of 101°49′ for a distance of 9.99 metres; then

(g)

on a bearing of 108°18′ for a distance of 9.99 metres; then

(h)

on a bearing of 114°46′ for a distance of 9.99 metres; then

(i)

on a bearing of 121°15′ for a distance of 9.99 metres; then

(j)

on a bearing of 127°43′ for a distance of 9.99 metres; then

(k)

on a bearing of 133°59′ for a distance of 9.32 metres; then

(l)

on a bearing of 137°00′ for a distance of 17.25 metres; then

(m)

on a bearing of 143°29′ for a distance of 3.87 metres; then

(n)

on a bearing of 226°25′ for a distance of 298.14 metres; then

(o)

on a bearing of 290°53′ for a distance of 65.67 metres; then

(p)

on a bearing of 3°22′40″ for a distance of 184.07 metres reaching the commencement point.

Schedule 2 Palm Springs Extension special housing area

cl 4

Map of special housing area

Palm Springs Extension special housing area

Description of Palm Springs Extension special housing area

All the land described in the following table:

Land identificationCT numberArea (ha)
Part Lot 501 DP 484164; shown as Section 17 on SO 481628Part 6854575.6874
Formerly Lot 4 DP 484164
Lot 5 DP 489916
Lot 6 DP 484164
Part Lot 501 DP 484164; shown as Section 15 on SO 481628
Formerly 685454
720423
685456
Part 685457
81.6097 (in total)

But excluding the Palm Springs special housing area as set out in Schedule 3 of the Housing Accords and Special Housing Areas (Tauranga City) Order 2015.

Schedule 3 Map of Golden Sands special housing area replaced

cl 6(3)

Map of Golden Sands special housing area replaced

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

This order also amends the Housing Accords and Special Housing Areas (Tauranga City) Order 2015 to allow for a taller maximum height that buildings may not exceed in part of the Golden Sands special housing area declared in that order.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 19 May 2016.

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