Commissioner may decide how housing standards apply to Waimakariri

Nicole Mathewson Reporter from Northern Outlook

By David Hill, Local Democracy Reporter

A decision on whether Woodend and Pegasus will be included in new housing standards, may ultimately be decided by an independent commissioner.

There has been some confusion whether the new medium density residential standards, which allow for sub-dividing for up to three housing units or building up to three storeys on a single property, apply to Woodend and Pegasus.

Waimakariri District Council development planning manager Matt Bacon said the legislation was open to interpretation and he expected the planning process would ultimately define how the new rules applied to the district.

‘‘We have certainly had some submissions which deal with that particular issue, and the independent commissioner will consider those in making a decision.

‘‘I don’t think there is any wrong interpretation and it has to be that way because it is legislation which has to be applied nationally.

‘‘There is always going to be areas of variation around the country, so that’s why the submission process is so important.’’

The new housing rules, announced by the Government in October 2021, set the new standards as the default position for towns in high growth areas, such as Greater Christchurch.

The Waimakariri District Council (WDC) notified variations to the proposed District Plan in August last year to apply the new standards to Rangiora, Kaiapoi and Woodend/Pegasus.

Feedback from Environment Minister David Parker and Waimakariri MP Matt Doocey indicated the Government and the Opposition, which both supported the legislation, never intended Woodend and Pegasus to be included.

But the Canterbury Regional Policy Statement identified Woodend, Pegasus and Ravenswood as one urban area rather than separate towns.

The Christchurch City Council recently announced a variation to its Plan Change 14, which would apply the new standards primarily to the central city.

Bacon said his team would be looking at the Christchurch interpretation closely to see how it might apply to Waimakariri.

‘‘We are interested in having a look at some of the evidential basis they have applied and what scope there is to do something here.’’

Covenants preventing further sub-division were placed on properties in Pegasus and Ravenswood when they were first developed and Woodend-Sefton Community Board chairperson Shona Powell questioned how these would be enforced.

Bacon said covenants were a private agreement between a developer and landowner.

While they were legally binding, they were separate to the Resource Management Act and were not a part of the council’s consenting process.

‘‘If a resource consent is lodged, we are required to process it like any other consent.

‘‘When someone applies for a resource consent it is up to the applicant to make sure everything else is in place.

‘‘This includes building consents and covenants, before starting work.’’

He conceded there was a danger of resource consents on covenanted sections ending up in court.

‘‘I know they did look at covenants early on in the legislation, but it is not covered in the new legislation.

‘‘It will be interesting to see if it comes into the RMA reform,’’ Bacon said.

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