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Variation 3 Enabling Housing Supply

Variation 3 is working its way through the statutory process.  It has now passed the submissions and hearings stages.  Council received the Independent Hearings Panel’s (IHP) recommendations on 22 March 2024, excluding the required maps. The panel’s recommendations can be found  here and here. The panel’s recommendations do not have any legal status. The final stage of the process is for the Council to make decisions on the IHP’s recommendations. 

On 25 July 2024 the Council received the decision from the Minister on the Council’s request to extend the timeframes to make a decision on Variation 3.  The  Minister has granted an extension until 22 October 2024.  The Council will look towards arranging an extraordinary meeting in mid-October to make its decision.  The letter containing the Minister’s decision can be found here.  The letter containing the Council’s request can be found  here.

Any recommendations that are not accepted by the Council will be referred to the Minister for a decision.  Any recommendations that are accepted by Council will then be notified and at the same time incorporated into the Proposed District Plan.   The provisions accepted by Council will have legal status when the Council’s decision is publicly notified and from the date specified in the public notice.  

Intensification planning instrument and section 32
Planning documents
Section 32 evaluation
Further submissions
Summary of decisions requested

The submission lodged by First Gas on 22 February 2023 has been accepted by the hearing panel in the Direction 10.

Below is a summary of this submission. The further submission period is 14 March -28 March 2023

Hearing 1: Joint opening with Waipa District Council, Hamilton City Council, and Waikato District Council

S42A Report
Council’s Expert Evidence

Submitters Expert Evidence

Council’s Rebuttal Evidence

Submitters' Rebuttal Evidence

Hearing recording

Hearing 3: Horotiu and ancillary matters
S42A report
Council's expert evidence
Submitters' expert evidence
Council rebuttal evidence
Submitters' rebuttal evidence
Legal submissions
Hearing recordings
Want help with your submission?

If you have any questions about how to prepare for the hearing, the Ministry for the Environment has provided funding for an independent ‘friend of the submitter’ service to help you. This service is being provided by Kinetic Environmental, a independent planning consultancy based in Hamilton.

Kinetic Environmental has a team of qualified planners who are available to advise you on the hearing process, including guidance on preparing a statement and presenting to the Hearing Panel.

You can contact them by email at v3@kineticenvironmental.co.nz or phone 027 315 0177.

Letters to Ministry for the Environment seeking extension

Waikato District Council is delaying notification of the Variation 3 as it carefully considers the impacts and specific requirements for its communities. We have accordingly sought the Minister of Environment’s support for an extension to the notification date, to be 19 September 2022. A 30 day public submission period will still be provided. 
 

Waikato District Council are grateful to the Minister for acknowledging the additional time needed to ensure this is delivered properly for the Waikato District, and noting that this will not delay the end result in terms of notifying a decision in March 2024. 
 

Under the current ministerial directions, those decisions are required to be notified by 31 March 2024. Having to prepare the maps and incorporate Variation 3 into the Proposed District Plan will take some time, particularly with the added complexity of having outstanding appeals against the Proposed District Plan, some of which touch on Variation 3.  As such, Council has sought an extension from the Minister to notify its decisions on Variation 3 by 28 June 2024.
  
FAQs - Variation 3 notified

Enabling Housing Supply Variation 3 to the Proposed Waikato District Plan FAQs

The purpose of Variation 3 to the Proposed Waikato District Plan is to change the subdivision and building rules in the Medium density residential zones in the towns of Huntly, Ngaaruawaahia, Pookeno and Tuakau.

What is the district plan?

A district plan sets the rules for land use, development, and subdivision.

Every development project taking place in the Waikato District needs to be assessed under the Waikato District Plan to determine if resource consent is required.

Waikato District Council (Council) is notifying proposed changes (Variation 3) to amend the Proposed Waikato District Plan (PDP).

Why is the Council making changes?

These changes are directed by central government under the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021. However, Waikato District Council is aiming to do this in a managed way; one that respects our environment and the features of our district that are important to us.   

Council must apply the changes in Huntly, Ngaaruawaahia, and Tuakau because those towns had a population of over 5000 people in 2018. Pookeno has been included as it is intended to be a future urban environment and services the Auckland labour market.

Where can I view the variation?

From 19 September 2022, you can view full details of the variation, including the relevant Planning Maps, at:

What does Variation 3 do?

The changes set out by central government are not optional. However, we want to ensure we do not apply a generic approach. After careful consideration, Council is seeking the following approach:

  • Renaming the existing Medium density residential zone in Huntly, Ngaaruawaahia, Pookeno and Tuakau to Medium density residential zone 2;
  • The existing rules of the Medium density residential zone enable three, three storey residential units as a permitted activity if all the standards are met. The new zone retains that approach;
  • The new zone is applied within walking distance of the four town centres and largely aligns with the existing Medium density residential zone;
  • Amending the subdivision rules for the Medium density residential zone 2 so residential subdivision is a controlled activity;
  • Retaining the current provisions for the General residential zone around the outer fringe of Huntly, Ngaaruawaahia, Pookeno and Tuakau; and
  • Relies on the existing rules to limit development on sites where there is a special feature, such as a significant natural area or the Waikato River as an outstanding natural landscape.
  • Limiting development on sites close to activities that are incompatible with intensive housing such as  nationally significant infrastructure.

What is a qualifying matter?

A qualifying matter is a feature that makes intensive housing not suitable or limits the number of houses that can be put on a site. Examples include a feature such as a protected historic heritage building, or sites next to important infrastructure like a state highway. 

What does this mean for papakaainga development?

Papakaainga development on Maaori land is permitted across the district. There are currently no limits on the building height or number of units able to be built for papakaainga.

Variation 3 is not proposing any changes to the papakaainga provisions. However, the changes will increase the number of units available to be developed by whanau Maaori on General land where this is located within the four towns.

What happens to waterbodies and access?

Natural character of waterbodies and Te Ture Whaimana o Te Awa o Waikato have been identified as a qualifying matter.

We are keeping the current approach of setting buildings back from waterbodies but applying them to the Medium density residential zone 2. We are keeping a maximum level of impervious surfaces to ensure there is sufficient area for soakage and stormwater management. The intent is that this will help preserve the health and well-being of our awa.

What happens to historic heritage rules?

Historic heritage has been identified as a qualifying matter. The provisions of the Historic Heritage chapter will continue to apply to those areas identified on the planning maps as being a Historic Heritage item.

What considerations have been given to sites and areas of significance to Maaori?

Sites and areas of significance to Maaori have been identified as a qualifying matter. Variation 3 is not proposing any changes to the existing rules to these scheduled sites.

What considerations have been given to natural features, landscapes, and significant natural areas?

Natural features such as outstanding natural landscapes and significant natural areas have been identified as a qualifying matter in our approach.

The provisions of the Ecosystems and Indigenous Biodiversity will continue to apply for clearance of indigenous vegetation and significant natural areas.

Similarly, the existing rules of the Proposed District Plan will continue to protect the outstanding natural landscapes.

What about natural hazards and infrastructure?

The provisions of the Natural Hazards and Climate Change chapter will continue to apply to those areas identified on the planning maps as being potentially affected by a natural hazard​, including:

  • Flood plain management area and Flood ponding area​
  • High risk flood area​
  • Defended area (Residual risk)​
  • Mine subsidence risk area

We are proposing to retain setbacks from nationally significant infrastructure, including:

  • State highway​
  • Rail​
  • Gas transmission​
  • National Grid

How does Variation 3 relate to the appeals that have been received on the decisions to the Proposed Waikato District Plan?

The decisions on the Proposed Waikato District Plan included areas zoned for Medium density residential development. The proposed Variation will mean that there will be additional areas zoned for Medium density residential development.

Will Variation 3 result in more development?

The existing Medium density residential zone is very similar to the level of development enabled by the Act so the differences between the new zone and existing zone are modest.  The existing Medium density residential zone allows 3 houses of 3 storey height on each site (if they meet the standards) which is the same as the Act requires. The areas of difference between the existing and new zone are around some of the standards, such as requiring windows to face the street and having outlook spaces around windows.

Are any sites proposed to be rezoned?

There are 444 sites in the four towns which are proposed to be rezoned to Medium density residential zone 2. Two rural sites on Helenslee Road Pookeno are proposed to be zoned as General residential zone as they are completely surrounded by residential properties. 

The Medium density residential zoned sites in the four towns are proposed to be converted to Medium density residential zone 2. 

Why is higher density restricted on the outer fringes of each town?

This is because of a qualifying matter: urban fringe. Concentrating intensive residential development within walking distance of town centres supports a range of other transport methods such as walking, cycling and public transport. It supports the economic viability of the town and having employment opportunities close to home.


Where we are in the process

  1. January 2022
    Prepare Variation 3 to Proposed District Plan
  2. September 2022
    Public notification and submission period opens
  3. October 2022
    Summarising submissions
  4. December 2022
    Further submissions
  5. February, May, June, July 2023
    Hearings
  6. End 2023 - Start 2024
    Decisions
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