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Important words and phrases
The following words have particular meanings in this process, as outlined below.
Intensification planning instrument (IPI)
Intensification Planning Instrument is the legal term for Plan Change 2. You may see this term used throughout the Council’s plan change documents.
Medium Density Residential Standards (MDRS)
The Medium Density Residential Standards (MDRS) are government standards that provide for the construction up to three residential units per site as a “permitted activity”, subject to specified density standards (outlined in the table below). A permitted activity is an activity that you can undertake as of right, without a resource consent from the Council (although there are other reasons that you may need a resource consent). The MDRS must be applied to all relevant residential zones, which in Kāpiti means the General Residential Zone.
Medium Density Residential Standards (MDRS) |
||
Number of residential units per site |
Maximum |
3 |
Building height |
Maximum |
11m + 1m for pitched roof |
Height in relation to boundary |
Maximum |
4m + 60° recession plane |
Setbacks |
Minimum |
Front yard: 1.5m Side yard: 1m Rear yard: 1m (excluding on corner sites) |
Building coverage |
Maximum |
50% of the net site area |
Outdoor living space (one per unit) |
Minimum |
Ground floor: 20m2, 3m dimension Above ground floor: 8m2, 1.8m dimension |
Outlook space (per unit) |
Minimum |
Principal living room: 4m depth, 4m width All other habitable rooms: 1m depth, 1m width |
Windows to street |
Minimum |
20% glazing of the street-facing facade |
Landscaped area |
Minimum |
20% of the developed site with grass or plants |
Council was also required to meet other requirements as part of incorporating the MDRS into our District Plan:
- Developments that breach the MDRS are classed as a “restricted discretionary activity”, which means resource consent is required.
- Council is precluded from publicly notifying resource consent applications for developments that breach the MDRS and, in certain circumstances, is also precluded from notifying neighbours or other people who may be affected by the development.
- Subdivision of residential units is classed as a “controlled activity”, which means a resource consent is required. Council must generally grant resource consent for a controlled activity, although Council can impose conditions, and can decline the consent where there is a significant risk from natural hazards, or where legal and physical access has not been provided.
For more information on the MDRS, see the Ministry for the Environment’s guidance, Understanding the RMA (Enabling Housing Supply and Other Matters) Amendment Act 2021: Information on submitting.
National Policy Statement on Urban Development 2020 (NPS-UD)
The National Policy Statement on Urban Development 2020 (NPS-UD) has objectives and policies for urban development that Tier 1 councils, including Kāpiti Coast District Council, must give effect to in their district plans. The NPS-UD requires councils to ensure their plans allow for increased levels of development in their urban environments, particularly in locations that have good access to metropolitan, town and local centres, or have good access to public transport.
You can find the National Policy Statement on Urban Development 2020 on the Ministry for the Environment’s website.
Qualifying matters
If a qualifying matter is present in any area, the District Plan can provide for less development in that area than would otherwise be required by the Medium Density Residential Standards (MDRS) or by policy 3 of the NPS-UD. The Resource Management Act 1991 (RMA) lists the series of matters that can be considered as qualifying matters.
For Plan Change 2, Council identified the following as qualifying matters:
- the National Grid
- the high-pressure gas pipeline
- flood hazard category areas
- fault avoidance areas
- scheduled historic buildings, structures, sites or areas
- scheduled notable trees
- scheduled places and areas of significance to Māori
- scheduled ecological sites
- scheduled key indigenous trees
- scheduled outstanding natural features and landscapes
- development in the General Industrial Zone (business land suitable for low-density uses)
- development in the Mixed-Use Precinct of the Airport Zone (business land suitable for low-density uses)
- development in the Airport Buffer and Airport Core Precincts of the Airport Zone
- development in the Open Space Zones
- esplanade reserve/strip requirements
- the Coastal Qualifying Matter Precinct
- Kārewarewa Urupā (which is a proposed place and area of significance to Māori)
- Takiwā Precincts at Ōtaki and Waikanae.
Most of these matters are already addressed through existing District Plan rules, which will continue to apply to new development. However, Plan Change 2 proposes adding three new qualifying matters to the District Plan. These include:
- The Coastal Qualifying Matter Precinct. This precinct is an interim measure intended to maintain the status quo level of development currently provided for by the District Plan in areas that have been identified as potentially susceptible to coastal erosion hazard, until the management of coastal hazards is addressed through a future coastal environment plan change.
- Kārewarewa Urupā. Kārewarewa Urupā is in the General Residential Zone at Waikanae Beach, and Plan Change 2 recognises the area as a wāhi tapu site in Schedule 9 of the District Plan. This means development in the area is subject to rules in the Sites and Areas of Significance to Māori chapter of the District Plan. For more information about Kārewarewa Urupā, see Section 32 Evaluation Report: Appendix R – The Kārewarewa Urupā Report (Waitangi Tribunal, 2020) [PDF 4.47 MB].
- Takiwā Precinct. These precincts provide for the status quo building heights currently provided for by the District Plan to be maintained across a range of places and areas of significance to tangata whenua around the Ōtaki Main Street town centre, and around Waikanae marae, including the area around Ruakōhatu Urupā.
Urupā
This term is defined in the Operative Kapiti Coast District Plan 2021 as follows:
means (Māori) burial ground.
This definition was not amended by this plan change.
Waahi tapu (also sometimes spelt wāhi tapu)
This term is defined in the Operative Kapiti Coast District Plan as follows:
means a site or an area which is sacred or spiritually meaningful to tāngata whenua. Waahi tapu may be associated with creation stories of tāngata whenua, a particular event (such as a battle or ceremony); it may be where the whenua (placenta) was returned to the earth, or where a certain type of valued resource was found.
This definition was not amended by this plan change.
Tangata whenua
This term is defined in the Operative Kapiti Coast District Plan 2021 as follows:
in relation to a particular area, means the iwi or hapū that holds mana whenua over that area.
This definition was not amended by this plan change.
Iwi
This term is defined in the Operative Kapiti Coast District Plan 2021 as follows:
means tribe.
This definition was not amended by this plan change.
Hapū
This term is defined in the Operative Kapiti Coast District Plan 2021 as follows:
means sub-tribe.
This definition was not amended by this plan change.
Mana whenua
This term is defined in the Operative Kapiti Coast District Plan 2021 as follows:
means the same as in the Resource Management Act 1991 as set out below:
means customary authority exercised by an iwi or hapu in an identified area.
This definition was not amended by this plan change.
Papakāinga
The Operative Kapiti Coast District Plan 2021 previously defined “Papakāinga and Papakāinga Housing” as follows:
means communal housing, which occurs on Māori land, often based around a marae and providing housing for members of an extended family.
Plan Change 2 amended this definition so that the District Plan would instead define “Papakāinga” as follows:
means housing and any ancillary activities (including social, cultural, educational, recreational, or commercial activities) for tangata whenua on their ancestral land.
Related to this, Plan Change 2 also includes new definitions for the terms “ancestral land” (means land that belonged to tipuna/tupuna), and tipuna/tupuna (means ancestors).
Plan Change 2 provides for tangata whenua to develop papakāinga on ancestral land in the following zones:
- The General Residential Zone;
- The High Density Residential Zone;
- The General Rural Zone;
- The Rural Production Zone;
- The Rural Lifestyle Zone;
- The Future Urban Zone;
- The Metropolitan Centre Zone;
- The Town Centre Zone;
- The Local Centre Zone; and
- The Mixed Use Zone.
Council is required to recognise and provide for the relationship between tangata whenua and their ancestral land, and enabling tangata whenua to develop papakāinga on their ancestral land is part of this.
Rezoning areas to General Residential Zones
Plan Change 2 rezoned some areas as General Residential Zone. This means the District Plan rules enabling residential development (including the Medium Density Residential Standards (MDRS) applies in these areas.
The rezoning of these areas through Plan Change 2 will not increase rates, as rating areas in Kāpiti are not directly linked to land use zoning in the District Plan. Any future changes to rating area boundaries will require full consultation through an Annual Plan or Long-Term Plan process. You can find out more at How rates work.
Design guides
Plan Change 2 adds a “Residential Design Guide” and “Centres Design Guide” to the District Plan. These design guides would provide guidance to developers on how to achieve high-quality design outcomes for residential and mixed use developments.
Where development in the General Residential or Centres Zones requires a resource consent because it breaches the permitted density standards, the design guides are considered as a “matter of discretion” as part of the resource consent application. More information on how to use the design guides as part of a resource consent application is included in section 3 of each design guide.
Land Development Minimum Requirements
The Land Development Minimum Requirements, April 2022 [PDF 7.23 MB] (LDMR) is the Council’s operational document, setting out a range of minimum requirements for the design and construction of infrastructure as part of subdivision and development.
The Land Development Minimum Requirements, April 2022 is an updated version of the Council’s Subdivision and Development Principles and Requirements, 2012 document, which is referred to throughout the District Plan. Plan Change 2 replaces all references to the Subdivision and Development Principles and Requirements, 2012 with references to the Land Development Minimum Requirements, April 2022.
For information on the consultation undertaken to inform the development of the Land Development Minimum Requirements, see section 3.5.3 of Council’s Section 32 Evaluation Report [PDF 2.82 MB]. See section 5.2.5 of that report for more information on the difference between the Land Development Minimum Requirements and the Subdivision and Development Principles and Requirements.
Financial contributions provisions
Financial contributions provisions are rules in a district plan that can require money or land to be provided as part of new development, to assist with providing reserves, infrastructure, or to offset other adverse effects.
Currently Council primarily collects funding for infrastructure through Development Contributions under the separate Development Contributions Policy, although it still collects financial contributions under the District Plan for reserves, and for infrastructure on projects where the Development Contributions Policy might not otherwise apply.
Plan Change 2 amended the existing Financial Contributions provisions to better align them with requirements for financial contributions outlined under section 108 of the Resource Management Act 1991 (RMA). You can find out more about the changes to the financial contributions provisions in section 5.4 of Council’s Section 32 Evaluation Report [PDF 2.82 MB].