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The weight given to non-statutory plans in resource consent processes is likely to be higher when a robust process has been followed, including extensive community consultation, research, submission, and hearing processes (see for example, Wainui Beach Protection Society v Gisborne District Council, A113/04 at para 47).Several Environment Court and High Court cases have commented on the use of structure planning and the weight to be given to non-regulatory structure plans in subsequent RMA planning and consenting processes.
The maps or plans in structure plans do not typically go into such detail as to define individual lot boundaries or the physical form of buildings and structures.
The maps, plans or representations are usually supported by text explaining the background to the issues that initiated the structure plan and the approaches to manage those issues.
To ensure that the overall context is understood when referring to documents that deal with non-RMA matters, RMA plans can explain this by way of an explanatory note.
Structure plans that are not incorporated into RMA plan may otherwise be considered as an "other matter" when assessing a resource consent under s104(1)(c) of the RMA, provided they are 'relevant and reasonably necessary to determine the application’.
Care needs to be taken when incorporating structure plans into RMA plans as there will often be matters a structure plan seeks to manage that are not relevant matters under the RMA (e.g.
providing a full range of educational opportunities).This guidance note provides direction on: This guidance note includes a number of structure plan examples at the end of the note which are intended to provide practical examples of how structure plans can be developed and implemented to achieve certain outcomes and the lessons learnt from these processes.This guidance note is closely associated with the Subdivision guidance note.Councils are free to adopt structure planning as a method to achieve the purpose of the Act and to give effect to the Act in its district.In this case, the Environment Court commented on the Wanaka 2020 document, which was referred to in a submission on a variation and relied on by the Council to make changes to the variation.It will therefore be necessary to ensure that the impact on existing assets and services are taken into account when developing a structure plan and that appropriate mechanisms are identified to address any funding shortfall for the provision of future infrastructure (e.g. Structure plans represent one method by which councils can carry out their functions under sections 30 and 31 of the RMA.Tags: Adult Dating, affair dating, sex dating