Publicly notified 17 August 2022. The submissions and further submissions periods have now closed. Hearing adjourned until further notice.

Project Status: Publicly notified 17 August 2022. The submissions and further submissions periods have now closed. Glenara Family Trust, the applicants for Private Plan Change 11, have notified the Council that they wish to put the plan change on hold and adjourn the hearing scheduled for 27-28 February 2023 until the proposed Plan Change 14 (Housing and Business Choice) is publicly notified.

Council reference: Private Plan Change 11 - 5 Harvey Tce, 254 Fitzgerald Ave and part of 256 Fitzgerald Ave

Applicant name: Glenara Family Trust

Site address: 254 Fitzgerald Ave (Flats 5/254 to Flat 8/254 on Lot 1 DP 46513); 5 Harvey Tce (Flats 9/5 to Flat 20/5 on Lot 1 DP 46513); and that part of 256 Fitzgerald Ave, described as part Flat 2/256 and part Flat 4/256 on Lot 1 DP 46513, that is located in Area A on the map above

Phone: 027 256 6326 (David)

Email: david@mountfortplanning.co.nz

Agents: Mountfort Planning Ltd (David Mountfort)

This Private Plan Change, requested by Glenara Family Trust, seeks to enable residential development on privately owned sites located on the outer edge of the Specific Purpose (Ōtākaro Avon River Corridor) Zone (SPOARC). The sites are 254 Fitzgerald Avenue, part of 256 Fitzgerald Avenue and 5 Harvey Terrace.

Following the plan change process, the applicant proposes to revise and simplify the boundaries of the land parcels at 5 Harvey Tce and 254-256 Fitzgerald Ave to create three new lots marked as Area A, B and C on the parcel boundaries map below.

The plan change proposes to add 5 Harvey Terrace to a list of properties that can continue to be used for pre-earthquake activities within the SPOARC and be developed according to the Residential Medium Density Zone provisions.

The plan change also seeks to apply the Edge Housing Area overlay to area A, as shown on the site boundaries map below. This includes the property at 254 Fitzgerald Avenue and a small portion of 256 Fitzgerald Avenue (comprising those parts of Flat 2/256 and Flat 4/256 parcels that are included in area A).

The new Edge Housing Area overlay enables residential development in accordance with the Residential Suburban Density Transition Zone rules. The proposed overlay, is shown on the Ōtākaro Avon River Corridor Development Plan (Appendix 13.14.6.1) below.

The plan change also proposes to restrict vehicle access to the sites to access from Harvey Terrace only, and make any other consequential amendments.

The property at 256 Fitzgerald Ave, also owned by the applicant, is already listed as a private residential property able to be used for pre-earthquake activities. This property contains an existing block of 4 two-storey apartments. Flats 1/256 and 3/256, and parts of Flat 2/256 and Flat 4/256 Fitzgerald Ave contained in Area C on the map below are not the subject of this plan change.

Sites subject of this plan change:

  • 5 Harvey Tce comprised of Flats 9/5 to Flat 20/5 on Lot 1 DP 46513 located within Area B, and parts of Flats 9/5 to Flat 15/5 on Lot 1 DP 46513 located within Area C.
  • 254 Fitzgerald Ave comprised of Flats 5/254 to Flat 8/254, and part of Flat 11/5 Harvey Tce on Lot 1 DP 46513 located within Area A, and Flat 7/254 and Flat 8/254 on Lot 1 DP 46513 located within Area C.
  • That part of 256 Fitzgerald Ave comprised of parts of Flat 2/256 and Flat 4/256 located in Area A.

(Note: Yellow lines indicate the current land parcel boundaries, and the blue lines indicate the proposed future parcel boundaries.) 

Appendix 13.14.6.1 - Ōtākaro Avon River Corridor Development Plan – proposal to add a new Edge Housing Overlay area to 254 and part of 256 Fitzgerald Ave (Area A on the map above).

Private plan change process

A private plan change request is subject to a number of steps, including:

  • The Council can request further information from the applicant within 20 days of the application being submitted. Unlike a resource consent application, there is also the opportunity to clarify any matter from the further information response with a subsequent request for additional information.
  • A decision is made by the Council on whether to process the request or not. This decision does not involve an assessment of merit but is a decision on the process only.
  • Council will decide if it should proceed as a private plan change; a Council adopted plan change, a resource consent application or whether it can be rejected based on very specific legal grounds.
  • If the proposed plan change progresses, it will be publicly notified and submissions invited for a period of 20 working days.
  • Further submissions are invited, allowing specified persons to support or oppose what has been sought in the earlier submissions.
  • A public hearing is held.
  • A decision is made by Council on the merits of the plan change, based on recommendations from the public hearing.
  • Appeals are heard if any are received.