Once the designation is in place
Outline plans
An outline plan is a plan or description of works that a requiring authority submits to the council when it intends to carry out works on the designated site. Outline plans often contain details that were not available at the time the site was first designated in the district plan.
Usually, before a requiring authority starts work on the site, it submits an outline plan to the council. An outline plan need not be submitted if:
- the council waives the requirement for an outline plan
- the works were incorporated into the designation
- works have been otherwise approved under the RMA.
In addition to these matters, the council may decide to waive the requirement for an outline plan after considering:
- the nature and level of the proposed works
- the likely effects of the proposed work or project.
The council has 20 working days to assess the outline plan and make any request to the requiring authority for changes. If no requests are made within that timeframe (and the timeframe has not been formally extended by the council), the presumption is that the requiring authority can start work on the site. If the requiring authority does not accept the changes sought by the council, the council may appeal to the Environment Court within 15 working days of being notified of the requiring authority's decision.
An example of where a requiring authority might lodge an outline plan is where the Minister of Education has a designation for a school on a site, but at the time the designation was confirmed there were no final plans of the buildings. Once the Minister wishes to begin construction, he or she (or their agent) would lodge outline plans of the proposed buildings (and associated car parking and landscaping) with the council for comment.
Public comment is not sought on outline plans, although the requiring authority can choose to consult.
There is no provision in the RMA for public appeals against a decision of a requiring authority on an outline plan.
Lapsing, time limits
A designation that hasn't been 'given effect to' lapses five years after the date it is included in the district plan, unless the lapsing period has been extended. Whether a designation has been 'given effect to' means that work is largely completed within the stipulated time.
A requiring authority can apply to the council to extend the lapsing period under certain conditions. The requiring authority can also lodge an objection if the council refuses to extend the lapsing period.
Once given effect to, a designation remains valid for the life of the district plan, or until the requiring authority removes or alters the designation.
Rollovers
A designation can be 'rolled over' from an operative district plan into a proposed district plan. Before notifying a proposed district plan, a council must invite all requiring authorities with a designation in the existing district plan to advise whether they wish to issue a notice of requirement to have the existing designation 'rolled over' into the proposed district plan. The requiring authority can roll over a designation to a proposed plan with or without modifying the purpose of the designation or any limits or conditions.
If a designation (that has not lapsed) is not rolled over to the proposed plan, it continues to have effect until the proposed plan (or at least that part of it) is made operative.
More than one designation
When there is more than one designation on a site, as a general rule the designation first included in the district plan takes priority. When the requiring authority responsible for the second designation wishes to undertake designated works on the site, it must obtain written consent from the requiring authority of the earlier designation. The requiring authority which is responsible for the earlier designation may only withhold consent if the activity would prevent or hinder the works that are authorised by the earlier designation.
Designation alterations
An existing designation can be altered by the requiring authority. If the alteration meets the following criteria, it can be processed without notification by the council:
- the alteration must involve no more than a minor alteration to the effects on the environment associated with the use or proposed use of land, or the alteration must involve only minor alterations or adjustments to the boundaries of the designation or requirement, and
- written notice must be given to every owner or occupier of the land directly affected and those owners or occupiers must agree with the alteration, and
- both the council and the requiring authority must agree with the alteration.
If any of the above criteria are not met, the council must publicly notify the alteration. The process is much the same as for a new designation (discussed above).
Removal of designations from district plans
If a requiring authority no longer wishes to designate a site in a district plan, the requiring authority advises the city or district council and anyone the requiring authority thinks is likely to be affected by the designation, including the owners and occupiers of land directly affected by the removal of the designation. The council then removes the designation from the district plan (including the planning maps).
Purchasing/acquisition of land
A person who owns designated land can apply to the Environment Court for the requiring authority to acquire or lease all or part of the land if they tried and are unable to sell the land, and either:
- the designation prevents the reasonable use of the land, or
- the person was the owner of the land (or in a legally accepted relationship with the owner) when the designation was created.
The requiring authority has the ability to acquire land that is designated (or that it wishes to designate) under the Public Works Act 1981.
