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3 General findings

In addition to the specific findings discussed in sections 4 to 11 of this report, several general findings have also emerged, as outlined below.

3.1 Wide ranging

Urban design encompasses a wide range of interrelated subjects. Successful planning for urban environments requires that the relationships between activities, movement, people, buildings and spaces are recognised and provided for. The importance of these relationships is reinforced in several of the cases considered.

3.2 Urban design usage

The term urban design is rarely referenced or used in the case law reviewed. This is not to say that the wide ranging relationships that are part of good urban design were not recognised or considered in the cases at hand. The cases, by nature, are often focused on specific contributing subject areas, such as character or amenity. Even though the expression ‘urban design’ may not be found in the judgments, there are still useful lessons to be gained from their examination.

3.3 Up to date

As the aspirations for quality urban environments increase, the ability of RMA plans to keep pace will be challenged. The many urban design considerations will also pose challenges to current practice within district (or regional in those regions where urban design is recognised) councils. Those councils with either no or limited urban design capacity (but possibly burgeoning urban growth demands) may be particularly disadvantaged.

3.4 Methodologies and techniques

Although it would have been useful for this review to have set out the urban design methodologies and techniques endorsed by the courts, this was not possible because the circumstances surrounding each case vary (witnesses, scale, time, level of issue, resources). Consequently, the appropriateness or thoroughness of any approach or analysis within the evidence occurs on a case-by-case basis, with the courts making decisions based on the value of the evidence presented.

What is consistently valued by the courts is that all the relevant provisions are thoroughly considered, particularly in the context of the overarching purpose and principles in Part 2 of the RMA, and that the resultant opinion is well communicated, including graphically, as appropriate. A definite trend is evident toward the use of advanced graphics, some of which provide dynamic demonstrations of the effects and issues (eg, micro-simulation models for traffic, photo-real sketches, visual simulations and GIS-based three-dimensional modelling for urban form).

3.5 Integration by structure plan

One of the noticeable trends in the case law has been the uptake and application of structure plans by councils (these are sometimes called comprehensive development plans or area development plans). Although not recognised specifically in the RMA (as other ‘plans’ are), structure plans are typically incorporated into district plans as a plan change or variation.

Structure plans are now regularly considered by the courts and are seen as a valid technique for enabling an integrated plan to be developed for a particular area (including such things as street layouts, open space networks, density variations and stormwater management). This, in turn, overcomes the issue of incremental planning by individual landowners, provides clarity around the future urban qualities of an area, enables councils to plan infrastructure systems and set financial contributions with certainty, and helps guide district plan administration and decision-making. As a process, the application of a structure plan can also provide an effective vehicle for working through change with the community of interest.

3.6 Reality check

Urban design that seeks to prescribe a future state or physical environment needs to consider current conditions. This includes appropriate recognition of actions that have already taken place that might affect the shape of an area. For example, the preparation of a structure plan that seeks a new layout for an area within an approved subdivision consent that has a different layout may be considered unrealistic and overly detrimental to the affected landowner.

3.7 Policy presence

There are, naturally, some cases in which there is a district plan or other policy that is pertinent to the urban issues at hand and others where there is not (this is broadly shown in the case summaries in Appendix 1). What is clear from the case law reviewed is that the courts use the best guidance they can to decide each case, but they have signalled in some cases that the issue warrants clearer guidance than currently offered within plans. Despite this, the absence of strong plan provisions in many of the cases reviewed has not prevented the courts from grappling with, and resolving, urban design issues; usually relying on Part 2 of the RMA for broad guidance, with detailed guidance provided by expert evidence.

 

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