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Planning & Resource Management
Central to any land development project is obtaining the necessary consents and approvals from a territorial local authority. A territorial authority issues consents in line with their plans and policies, an understanding of which is essential when determining the feasibility of your land development project. The legislation underpinning the subdivision and land use process in New Zealand is the Resource Management Act 1991. With its fundamental principle being the sustainable management of natural and physical resources the Act is at the forefront of international planning and resource management legislation. Land use planning under the Act sets the framework for the management of change in the natural and built environment while at the same time seeking to improve living conditions for people and the community. From this apparent contradiction the planning process attempts to balance the needs of the individual against the needs of the community. Out of this balancing act comes the territorial authority rules' regulating subdivision and land development. It is against these rules that your application for subdivision is judged and consent granted. The Act promotes sustainability by the mitigation of effects and calls for the consideration of environmental impacts when undertaking any land development project including subdivision. Consideration needs to be given to the effects of the development on the natural and physical environment, ecosystems, people and their communities, amenity values etc. Essentially the Act allows any activity to takes place so long as all the effects are mitigated. However territorial authorities have adopted a rules based approach to land use planning, based primarily on earlier planning legislation, and seem reluctant to adopt the effects based philosophy of the Act. As land development professionals, Middleton Williams & Co. are involved in the planning and resource management process on a number of levels. Through the subdivision application process we address the development issues concerning the territorial authority to ensure that consent is granted and that community standards are maintained if not improved. We give evidence on our clients' behalf at publicly notified hearings, arguing the merits of a proposal to a panel of Councillors or Council appointed commissioners and we also have input into the land use planning process by making submissions on the Proposed District Plans of the territorial authorities in our region. For more information about planning and resource management please contact our office via email: Office: wendy.burrows@tcb.co.nz or
Tel: +64 3 366 5428 (Christchurch) |
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