Housing Accords and Special Housing Areas (Western Bay of Plenty) Order 2017

2017/36

Coat of Arms of New Zealand

Housing Accords and Special Housing Areas (Western Bay of Plenty) Order 2017

Patsy Reddy, Governor-General

Order in Council

At Wellington this 27th day of February 2017

Present:
The Right Hon Bill English presiding 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 Construction made in accordance with sections 15(2), (6), 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 (Western Bay of Plenty) Order 2017.

2 Commencement

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

3 Revocation of this order

This order is revoked on 16 September 2019.

4 Interpretation

In this order, unless the context otherwise requires,—

operative Western Bay of Plenty District Plan—

(a)

means the Western Bay of Plenty District Plan made operative on 16 June 2012; and

(b)

includes all amendments to that plan notified before 1 January 2017.

5 Declaration of special housing area

(1)

The area comprising all the land identified in the Schedule is 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 the special housing area and the map of that land, the description prevails.

6 Criteria for qualifying developments in special housing area

(1)

The following criteria apply for qualifying developments in the special housing area declared by clause 5:

Maximum height of buildings

(a)

the maximum number of storeys that buildings may have is 2:

(b)

the maximum calculated height that buildings must not exceed is 9 metres:

Minimum number of dwellings

(c)

the minimum number of dwellings that must be built in each qualifying development is the product of 15 and the number of hectares of nett developable land in that qualifying development.

(2)

In this clause, unless the context otherwise requires,—

nett developable land—

(a)

means a given area of land for greenfield subdivision or development; and

(b)

includes land used for—

(i)

residential activity purposes, including all open space and on-site parking associated with dwellings; and

(ii)

local roads and roading corridors, including pedestrian and cycleways (but excluding expressways, motorways, strategic roads, and arterial roads as defined in the roading hierarchy); and

(iii)

collector roads and roading corridors (as defined in the roading hierarchy) where direct access from allotments is obtained; and

(iv)

neighbourhood reserves; but

(c)

excludes land that is—

(i)

stormwater ponds and detention areas; or

(ii)

geotechnically constrained (such as land subject to subsidence or inundation); or

(iii)

set aside to protect significant ecological, cultural, heritage, or landscape values; or

(iv)

set aside for non-local recreation, esplanade reserves, or access strips that form part of a larger regional, sub-regional, or district network; or

(v)

identified or used for non-residential activities, including business activities, schools, network utilities, health centres, or other district, regional, or sub-regional facilities

roading hierarchy has the meaning given in section 4B.4.1 of the operative Western Bay of Plenty District Plan.

(3)

If direct access from allotments is obtained on only 1 side of the collector road or roading corridor, only 50% of the area of the collector road or roading corridor may be counted when calculating the nett developable land.

(4)

If a calculation of the number or percentage of dwellings under this clause results in a fractional dwelling of one-half or more, that dwelling is counted as 1 dwelling, and any lesser fraction may be disregarded.

Schedule Omokoroa special housing area

cl 5

Map of special housing area

Omokoroa special housing area

Description of area declared to be Omokoroa special housing area

Land identificationCT numberArea (ha)
Lot 1 DPS 4524SA24A/12205.0972
Part Lot 1 DPS 65560SA52D/1952.6623
Part Lot 2 DPS 65560SA52D/1969.8971
SEC 1 SO 3487202465222.0061

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 an area in Western Bay of Plenty District to be a special housing area for the purposes of the Housing Accords and Special Housing Areas Act 2013 (the Act).

The land comprising the special housing area is described and shown on the map in the Schedule.

This order also specifies the criteria that a development in the special housing area 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, relate to—

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

  • the minimum number of dwellings to be built.

This order does not prescribe affordability criteria for the special housing area.

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

This order is the second to create a special housing area comprising the land described in the Schedule. The same land was declared to be Omokoroa Tranche 1 special housing area under the Housing Accords and Special Housing Areas (Western Bay of Plenty District) Order 2015 (the 2015 order). The Omokoroa Tranche 1 special housing area was disestablished on 16 September 2016. This order revokes the obsolete 2015 order.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 2 March 2017.

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