Subdivision, Land Use & Development Code of Practice/Bylaw

Withdrawal of Proposed Plan Change 2: Subdivision, Land Use, and Development – Code of Practice 2023

Southland District Council is withdrawing the Proposed Plan Change 2: Subdivision, Land Use, and Development – Code of Practice 2023 under clause 8D of Schedule 1 of the Resource Management Act 1991.

The decision was made by resolution of the Council meeting on 13 December 2023.

The reasons for the withdrawal are as follows:

  • submitters have raised that the proposed Plan Change 2 does not achieve the adequate implementation (enforceability) of the new Code of Practice 2023.
  • the proposed use of “or its applicable successor” to avoid future plan change process is not permitted under the RMA regulatory framework

Considering the feedback received, Southland District Council is initiating a new plan change process. Meanwhile, the Current Subdivision, Land Use, and Development Bylaw 2012 will continue providing standards and guidance for assets that Council will accept for Subdivision, Land Use, and Development.

We appreciate all the submitters' feedback and hope to continue working together on the new plan change process.

For further information on Proposed Plan Change 2, please contact us at dp@southlanddc.govt.nz

This submission period has now closed

Thank you to all of you that submitted and were part of the hearing process. The Code of Practice has not yet been formally adopted by Council as the process to change the District Plan is still being undertaken.

District Plan (RMA) process - We will arrange the best day and time to hold a public hearing. In this process, submitters who stated they wished to be heard at the hearing may speak (either personally or through a representative).

Follow this link, if you would like to read the consultation history.

Background

Council’s Subdivision, Land Use, and Development Bylaw 2012 requires activities associated with infrastructure such as roads, water supply, sewage disposal, stormwater, earthworks, community facilities, and landscaping to be undertaken to a high standard. These assets are often vested in Council as part of a subdivision consent.  

Council’s Subdivision, Land Use, and Development Bylaw 2012 requires activities associated with infrastructure such as roads, water supply, sewage disposal, stormwater, earthworks, community facilities, and landscaping to be undertaken to a high standard. These assets are often vested in Council as part of a subdivision consent. This bylaw is up for review and Council is partnering with Invercargill City Council to adopt a joint document called the Subdivision, Land Use and Development Code of Practice 2023. This will require the bylaw to be revoked upon adoption of the Code of Practice.   

Development often requires a resource consent therefore compliance with infrastructure standards sits better under the District Plan, rather than a separate Bylaw.   The changing from a Bylaw to a Code of Practice will require the District Plan to change the reference of the existing Bylaw to Subdivision, Land Use and Development Code of Practice 2023 (or its applicable successor).

There are two separate consultation processes:

  1. Local Government Act- adopt a joint Code of Practice with Invercargill City Council- revoke the existing Bylaw
  2. Resource Management Act- Change the District Plan reference from a Bylaw to a Code of Practice.