Why is there an Operative and a Proposed District Plan?
The Proposed District Plan has had legal effect from the date of notification.
The existing Operative District Plan continues to have some legal effect until the Proposed Plan becomes fully operative. This will happen once all appeals have been resolved. In the meantime it is necessary to comply with both the Operative and the Proposed Plan with the following exceptions:
(i) a rule in the Operative Plan that is inoperative pursuant to section 19 of the RMA;
(ii) a proposed plan rule that the Council has resolved not to give effect to until the Proposed Plan becomes operative.
Otherwise both plans must be referred to when establishing if a resource consent is required.
Section 19 of the Resource Management Act 1991 provides the circumstances when a new rule can be treated as if it is operative. If no appeals have been lodged, or all appeals have been determined, or withdrawn or dismissed, the rule in the Proposed Plan is considered to be effectively operative and any previous rule inoperative.
What is a District Plan?
The Resource Management Act 1991 makes it clear that the purpose of district plans is to assist territorial authorities to carry out their functions in order to achieve the purpose of the RMA, which is to promote the sustainable management of natural and physical resources.
District plans cover issues related to the Council’s functions. These include things such as:
- Effects of land use;
- Impacts of land use on natural hazards and the management of hazardous substances;
- Noise;
- Activities on the surfaces of rivers and lakes;
- Impacts of land use on indigenous biological diversity.
District plans explain how the Council will manage the environment. They contain objectives, policies and rules set out to address resource management issues within the district.
One of the main methods used by Councils is the use of rules that set out what activities you can do as of right (permitted activities), what activities you need resource consent for, and how certain activities may be carried out. District plan rules cover things such as residential development, the use of land for agriculture, the subdivision of land parcels, noise and the location and height of buildings.
Why is the District Plan necessary?
The Waikato District Plan promotes the sustainable management of natural and physical resources in the Waikato district, primarily by managing the effects of land use on the environment. The effects are managed differently around the district to reflect the local environmental issues. The plan responds to the issues in terms of community needs and aspirations. If those needs and aspirations change, then plan changes may be needed.
Useful Websites
To find out more information about the RMA and District Plans, visit one of these sites: