Variations

What is a Variation?

A variation is a change to a proposed plan that is prepared by a council.

Does a Variation have legal effect when considering an application for resource consent?

Clause 16B(2) First Schedule RMA provides that a variation has some effect on notification.  Caselaw on Cl16B(2)  confirms that the correct approach is:

  • That the Proposed Plan provisions are disregarded, regardless of what stage they are at;
  • That the Variation is afforded weight according to how far through the RMA process it is (for instance, if it has just been notified and awaiting submissions, minimal weight is applied; if a decision has been made, the Variation is afforded closer to equal weight to the Operative Plan etc);
  • That the Operative Plan is applied and given less weight as the Variation moves through the process.

Active and Completed Variations

Link to Iona Residential Issues and Options Paper 2016

No. Nature of Variation Status Parts of the plan affected
Variation 1

Omahu Road Variation & NoR

HDC prepared a variation to the Proposed Hastings District Plan and an associated Notice of Requirement (NoR).  The Variation rezones some 65 hectares of land from a Plains Production Zone to General Industrial Zone on the northern side of Omahu Road, Hastings. 

Land is designated to the rear of the zone for an infrastructure corridor that provides the water, waste waste and stormwater infiltration basin to service the new General Industrial Zone.  

As the appeal is resolved, the Omahu Road (North) area is now zoned General Industrial under Proposed Hastings District Plan. The zone has full legal effect.

Date Notified: 21/05/16

Submissions on Variation 1 and NoR closed: 20/06/16

Further submissions closed 29/ 07/17

Hearing held 1/12/16

Decisions notified 25/03/17

Appeal Period (Variation) closed 10/05/17

Variation appealed by Bayley & Others ENV-2017-WLG-000045

Appeal resolved by Consent Order 29/08/17

Section 2.9 

Section 14.1 

Section 30.1 

Section 6.2 

Appendices 17, 36 and 66

Planning Maps and Legend

Variation 2 

Irongate Industrial Variation

Variation 2 seeks to rezone some 118 ha of land from the current Deferred Industrial and Plains zone to a General Industrial Zone. The land affected by the Variation is located is located just west of Hastings city, around the junction of Irongate Road East and Maraekakaho Road.

Date Notified: 16 July 2016

Submissions closed:  Fri 12 Aug 2016

Further submissions closed 24th September 2016

Hearing held 2 Dec 2016.

Decisions notified 25 March 2017

Appeal Period ends 10 May 2017

Variation appealed by Navilluso Holdings, Tumu Timbers, Carrfields Investments & M Walmsley ENV-2017-WLG-000046

Planning Maps
Appendix 16

Appendix 26
Section 2.9 
Section 6.2  
Section 14.1 
Section 26.1 
Section 28.1 
Section 30.1 
Section 33.1 

Variation 3

Howard Street Residential Variation

The proposal is to rezone 21.2 hectares of land from its current Plains Production zone to a General Residential zone in between Howard St and Havelock Rd and adjoining the existing Residential land on the southern side of Hastings city.

Date Notified: 16 July 2016

Submissions closed:  Fri 12 Aug 2016

Further submissions closed 16th September 2016

Hearing held 16 Dec 2016

Decisions notified 25 March 2017

Appeal Period ends 10 May 2017

Variation appealed by Karen Cooper ENV-2017-WLG-44

Planning Maps

Appendix 80

Section 2.4

Section 7.2

Section 25.1

Section 26.1

Section 30.1