Back to top APPENDIX 3 12 DESIGNATIONS CONTENTS 12.1 INTRODUCTION 2 12.2 NEW OR ALTERING A DESIGNATION 2 12.3 USING A DESIGNATED SITE 3 12.4 OUTLINE PLAN OF WORKS AND WAIVERS 3 Key Proposed Changes to the text are underlined. Text and Designations that are struck through are proposed to be deleted from the District Plan. Text highlighted in Blue is affected by Submission 1.1. Text highlighted in Grey is affected by Submission 2.3. Marked up text Plan Change 30 – Designations Back to top APPENDIX 3 12 DESIGNATIONS 12.1 INTRODUCTION Designation is the formal process for the requirement authorisation of the use of land for a public work or imposing a restriction in respect of land, water, sub soil or air space a restriction is necessary for the safe or efficient functioning or operation of a public work. It is the equivalent of an alternative to a land use consent application for a public project or work of a network utility. Designations are shown on the District Plan maps as a red boarder around the area that the designation applies too. A reference number will also be shown on the maps which will link to the information on this designation held in the District Plan. Designations can only be held by Requiring Authorities. A requiring authority is specified in the RMA as any of the following: a Minister of the Crown a local or regional authority a network utility operator, who is approved by the Minister for the Environment, and is someone who: - distributes gas, petrol or geothermal energy by pipeline - is an electricity operator or electricity distributor - distributes water supply (including irrigation) - operates a telecommunications or radio communications network - operates a sewage system, road or railway line - is an airport authority - provides approach control services for airports - undertakes a work identified by (under a regulation) as a network utility operation. Once a site is designated for a particular purpose, the requiring authority is able to: proceed with the specific work on the site as if it was permitted by the district plan , which may include entering private land to undertake investigations control activities that occur on the site, to prevent the landowner doing anything that would compromise the future work (this is the case even if the requiring authority does not own the site) apply to the Minister of Lands to compulsorily purchase or lease all or part of the land under the Public Works Act 1981 enter private land to undertake investigations. 12.2 NEW OR ALTERATION TO ING A DESIGNATION When Requiring Authorities ‘require’ a designation land for public work, this is referred to as a Notice of Requirement. When the requirement is included in the Plan, following Council assessment and requiring authority confirmation, it becomes a designation. Marked up text Plan Change 30 – Designations Back to top APPENDIX 3 12.3 USING A DESIGNATED SITE When land is designated in the District Plan it can only be used for the purpose for which it has been set aside, regardless of any rules to the contrary in the district plan. Council There may be have imposed conditions that on the designated work has to comply with. However, aAll designated land has an underlying zoning (generally the zoning which applies to adjacent land) and this zoning applies: (a) whenre a designation is removed or (b) for works which are not in accordance with the designation purpose. Before When an activity undertaking an activity on the designated land that would prevent or hinder the public work not covered by the Designation will occur, the applicant must obtain written permission from the Requiring Authority and lodge this with Council. 12.4 OUTLINE PLAN OF WORKS AND WAIVERS An outline plan of a public work, project, or work to be undertaken on designated land must be submitted by the requiring authority to the Council before the proposed work is commenced, to allow Council to request any changes it considers necessary (refer Section 176A, RMA). An outline plan must show the physical features of the work, its location and relationship to the site and any other matters to avoid remedy or mitigate any adverse effects on the environment. The outline plan procedure enables Council to better ascertain the effects of future development and comment on how ensure they should be are controlled. An outline plan is not required if the work has otherwise been approved under the RMA, or if details of the work have been incorporated into the designation or if the Council waives the requirement. The Council will consider granting a waiver A waiver to an outline plan may be granted if the following circumstances apply: 1. The value of the proposed works are low; and 2. The work is necessary to the purpose of the designation; and 3. The work will not significantly change the built density or scale of the site; and 4. There will be no increase in human occupancy on the site. Designations The Resource Management Act (RMA) gives requiring authorities the ability to have areas of land designated for use as network utilities or large public works. A requiring authority is specified as any of the following: a Minister of the Crown a local or regional authority Marked up text Plan Change 30 – Designations Back to top APPENDIX 3 a network utility operator, approved by the Minister for the Environment, is someone who: - distributes gas, petrol or geothermal energy by pipeline - is an electricity operator or electricity distributor - distributes water supply (including irrigation) - operates a telecommunications or radio communications network - operates a sewage system, road or railway line - is an airport authority - provides approach control services for airports - undertakes work (under a regulation) as a network utility operation. A designation is a provision in a district plan which provides notice to the community that a requiring authority intends to use land in the future for a particular work or project. Once a site is designated for a particular purpose, the requiring authority is able to: proceed with the specific work on the site as if it was permitted by the district plan control activities that occur on the site, to prevent the landowner doing anything that would compromise the future work (this is the case even if the requiring authority does not own the site) apply to the Minister of Lands to compulsorily purchase or lease all or part of the land under the Public Works Act 1981 enter private land to undertake investigations. As a designation can restrict the use of the land, in the event that the requiring authority does not own the site, the landowner also has certain rights. Where land is subject to a designation the landowner may apply for an order obliging the requiring authority to purchase or lease all or part of the land. In general terms, this is done where the owner is unable to sell the land at a market value, or the owner cannot reasonably use the land. While a designation gives a requiring authority 'permission' under the district plan, the requiring authority must still address all the relevant matters under the regional plans – including discharges to air and water and land, and earthworks in some instances. This can include obtaining regional resource consents. Note: this text does not form part of the District Plan. Introduction Designation is the formal process for the requirement of land for a public work or in respect of land, water, sub soil or air space a restriction is necessary for the safe or efficient functioning or operation of a public work to be shown in the District Plan. It is the equivalent of a land use consent application for a public project or work of a network utility*. 1. Application for Designation Under Part VIII of the Resource Management Act, a body with financial responsibility for a particular work can require that land be designated in a District Plan for the particular purpose of that work. A designation gives special powers or rights to the owners of that land and that work related to the use and development* of that land. Marked up text Plan Change 30 – Designations Back to top APPENDIX 3 Those who can require designations, or those with "requiring authority" status under section 166 of the Resource Management Act, are: a. a Minister of the Crown; or b. a local authority; or c. a "network utility* operator" approved as a requiring authority under section 167 of the Resource Management Act. Under Clause 4, first schedule of the Act, requiring authorities may require existing designations to be included in the Plan* with or without modification. When a requiring authority requests a designation be made in a District Plan, by issuing a "notice of requirement" to a District Council, a District Council is obliged to give effect to this request. In terms of section 176 of the Resource Management Act, giving effect to this requirement means: "(1) Where a designation is included in a district plan, then, not withstanding anything to the contrary in the district plan and regardless of any resource consent, but subject to sections 9(3) and 11 to 15,: (a) The requiring authority responsible for the designation may do anything that is in accordance with the designation; and (b) No person may, without the prior written consent of that requiring authority, do anything in relation to the land that is the subject of the designation including: (i) Undertaking any use of the land described in section 9(4); and (ii) Subdividing the land; and (iii) Changing the character, intensity, or scale or the use of the land: that would prevent or hinder the public work or project or work to which the designation relates.