Operative Plan Change 11 - Minor Earthworks



While completing research on the management of residential infill development, a review of resource consents for new residential development identified that fill under proposed buildings and building extensions, were often triggering the requirement for resource consents. These resource consent applications were identified by Council as being unnecessary as the stability of fill under buildings is addressed through the building consent process, and the management of silt and sediment for these minor earthworks is effectively controlled through a Council Bylaw.

It was also noted that few land use consents lodged for applications involving earthworks provided an earthworks management plan with the application. This type of plan is often required as part of a request for "Further Information", or by conditions of consent. Council considered that it would be more appropriate that this management plan be submitted as part of any required resource consent application. This means that the mechanisms to manage silt and sediment potentially resulting from the proposed earthworks, are planned at the same time that the actual earthworks are being planned.

Plan Change 11 was prepared as a result of this review of land use consent applications involving earthworks.

The primary objectives of this plan change were:

  • to reduce the number of unnecessary resource consents lodged with Council associated with minor earthworks involving fill under proposed buildings and building platforms; and
  • to improve the management of earthworks, for activities requiring land use consent for earthworks, by requiring an earthworks management plan be submitted as part of the land use consent application.

Plan Change 11 sought to remove the need for unnecessary consents for minor "fill" earthworks under proposed new building platforms; while mandating that an earthworks management plan be lodged with land use consent applications triggered by not meeting earthworks rules and standards.

The plan change amended the operative District Plan by:

  • Amending the Earthworks Permitted Activity Standard for earthworks beneath proposed buildings in the City Centre Zone (D1), Industrial Zone (D2), Business Park Zone (D2A), Suburban Zone (D3), and Rural Zone (D4);
  • Amending the Discretionary Application Information to be Required section (F7.4), by adding the requirement that an earthworks management plan shall be submitted to Council with all resource consent applications involving earthworks.

Statutory process

Plan Change 11, and its supporting assessment under section 32 of the Resource Management Act 1991, was approved for notification by Council on 29 September 2009.

Public submissions on Plan Change 11 closed on 20th November 2009. 8 submissions were received during this period.

Council prepared a summary of decisions requested by submitter, and sought further submissions on those submission. No further submissions were received.

Council Officers prepared a report, which included recommendations on decisions requested and matters raised in submissions.

A hearing for Plan Change 11 – Minor Earthworks was held on Wednesday 26 May 2010 and Thursday 27 May 2010.

The Council's Decision on Submissions and Further Submissions on Plan Change 11 was publicly notified on Saturday 16 October 2010.

One appeal was received. That appeal was resolved in early 2011.

Council resolved at its meeting on 18 May 2011 to make Plan Change 11 Operative.

An operative date of 1 July 2011 was set for this Plan change.



For further information please contact the Environment and City Planning Team on phone (04) 237 5089 or email enquiries@pcc.govt.nz.