The Independent Hearings Panel is continuing to make progress
towards the proposed Replacement Christchurch District Plan
("Replacement Plan") becoming operative. With plenty
going on at the end of 2015, and much having happened in the first
few weeks of 2016, now is an opportune time to provide an update on
how matters are progressing.
Hearings in progress
The hearing on Coastal Environment and Residential Baches
(Chapter 19) is currently underway. Issues for consideration in
that hearing include whether the Coastal Environment has been
appropriately identified, whether the Proposal sufficiently
recognises and provides for working farming areas and whether
provisions relating to baches at Taylor's Mistake are
There are two significant upcoming hearings.
The General Rules and Procedures (Chapter 6) hearing begins on
11 March 2016. A number of issues will be considered at that
hearing including airport noise and aircraft protection; signage;
temporary activities, buildings and events and waterbody
The Panel is scheduled to hear submissions and evidence in
relation to the Definitions Chapter (Chapter 2) on 22 March
Recently released decisions
Recently the Panel has released a number of decisions,
specifically on the following chapters:
Specific Purpose (Burwood Landfill and Resource Recover Park)
– Stage 3
Subdivision, Development and Earthworks (Part) – Stage
Transport (Part) – Stage 2
Commercial (Part) and Industrial (Part) – Stage 1
Residential (Part) - Stage 1
Decisions to be released later this year
We anticipate that in the next few months the Panel will release
decisions on a number of significant chapters of the Replacement
Plan, including the Natural and Cultural Heritage Chapter (Chapter
9), the Central City Chapter (Chapter 13), the Natural Hazards
Chapter (Chapter 5) and Open Space Chapter (Chapter 18). The Panel
has recently completed hearings for those chapters.
Appealing a decision of the Panel
All of the decisions released by the Panel are able to be
appealed to the High Court within 20 days of the decision being
released. However, you can only appeal if you made a submission,
and only in relation to a question of law.
Initially the Panel was given a deadline of 9 March 2016 by
which to complete all hearings and release all of its decisions of
the Replacement Plan. This deadline has been removed and it is now
expected that all hearings will be completed and decisions released
by late 2016.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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