Proposed Waikato District Plan – Appeals Version disclaimer
To provide guidance as to which parts of the Proposed Waikato District Plan are operative and which ones are potentially subject to change, Waikato District Council has published below an annotated version as of 23 March 2023 of the Decision Version of the Proposed Waikato District Plan that identifies direct appeals against provisions as well as potential consequential amendments arising from the direct appeals. Please note that these annotations have been derived from the appeals that were filed, as well as direct discussions with appellants, section 274 parties and Waikato District Council’s Appeal Sub-Committee. The annotations reflect the position as of 23 March 2023. The appeals and consequential amendments are continually changing as appeals are being processed so the appeals version is a ‘living’ document. Therefore, Waikato District Council cannot be held responsible for any misrepresentation, incompleteness, or inaccuracies associated with the annotated appeals version. Updates of the annotated Appeals Version of the Proposed Waikato District Plan will be published in regular intervals on this website.”
For those applying for consents, it means if a rule in the Proposed Waikato District Plan is subject to an appeal, that rule has legal effect, but is not operative, this means that the corresponding rule in the Operative Waikato District Plan is still operative and a relevant consideration for an activity, until such time as the appeal has been determined.
Anyone lodging a consent will need to consider the Proposed Waikato District Plan – Appeals Version and determine whether an assessment of the relevant provisions of both the Operative Waikato District Plan and Proposed Waikato District Plan – Appeals Version is required.