PC13 was first notified in 2007. The Council decision was subject to a number of appeals to the Environment Court which issued an interim decision in 2011. That decision has been the subject of proceedings at the High Court and Court of Appeal, along with further decisions by the Environment Court (some of which were also appealed!).
While the remainder of PC13 has been on hold awaiting the outcome of the proceedings in the Superior Courts, the process of finalising rules for the Tourism Zone continued. The Tourism Zone consists of 5 sub-areas with identified Development Areas in each (see the "structure plan" below)
Remaining issues between the Mackenzie District Council and our clients (Fountainblue Limited and others) were resolved. However, a proposed change to the master plan for the Tourism Zone, which allows rural-residential development to occupy Development Area 2 in the zone was found to be out of scope and required re-notification of that proposal. Following that notification, and the absence of any opposition to the inclusion of the rural residential component in the Tourism Zone, the Environment Court was able to approve the entire rules package for the Tourism Zone, which is currently being included in the Mackenzie District Plan. Following that, this significant development will be able to be progressed on the ground.
If you are wishing to get involved in plan change or plan review processes, or are contemplating an application for a private plan change of your own, Cavell Leitch's Resource Management Team can assist.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.