Six-story buildings will be permitted in downtown Mount Maunganui after minister Chris Bishop released his decision on controversial planning rules for the area.

RMA Reform Minister Chris Bishop announced his decision today [SUBS 27/06] on two planning rules for Mount Maunganui North and an area in Tauranga’s city centre.

Tauranga City Council referred the decision to the minister after the commission rejected two recommendations from an independent hearing panel as part of Plan Change 33.

Plan Change 33 is in response to the Government’s medium-density residential standards (MDRS) that allows for greater intensification in urban areas.

The commission rejected the hearing panel’s recommendation to retain the current height limits in Mount Maunganui North at a meeting in May.

The council was required to make alternative recommendations for the Mount, which have now been accepted by the minister.

Heights of six storeys will be permitted in the Mount’s shopping area and within 400 metres of it, then four-storey buildings between 400-800m of the shops.

Permitted heights in around two thirds of this area would remain at three storeys because of qualifying matters set out in the district plan, said Bishop in a statement.

The minister said he carefully considered this matter and took advice from officials.

“The law requires that I only take into account matters that the panel could have taken into account when making its recommendations. I have not commissioned new evidence. I have made decisions on what was put before me.

“Legally I am required to make these decisions in a timely and efficient manner, and I have done so.”

The council’s recommendation would provide greater development capacity and enable the Mount Maunganui North area to respond to the changing needs of the community, Bishop said.

It would also enable the management of identified cultural landscape, coastal environment, natural character and outstanding natural features, he said.

Tauranga City Council strategy, growth and governance general manager Christine Jones said developments of more than four dwellings would still need to go through a resource consent process, which would consider urban design outcomes and infrastructure requirements.

“There are also a number of ‘qualifying matters’ relating to landscape and cultural values and viewshafts to Mauao, which could limit permitted heights in the Mount Maunganui North area.”

The Minster agreed with the independent hearing panel’s recommendation to remove the height limit in an area in the CBD.

The commission wanted to keep the 16m height limit on the block of land from McLean Street to Spring Street between Willow Street and The Strand, known as Area F.

This was to ensure amenity of the waterfront and prevent shading from buildings.

The site is in front of the $306m civic precinct Te Manawataki o Te Papa that is under development.

Bishop said removing the height limit would achieve a well-functioning urban environment and enable as much development capacity as possible.

Jones said new developments in this area would still need resource consent if a building height intruded on the flight path.

Bishop said his decision gave better effect to the National Policy Statement on Urban Development, which applies to all councils with urban areas.

It aims to remove “overly restrictive barriers” to development to allow growth ‘up’ and ‘out’ in locations with good public transport and infrastructure, according to the Ministry for the Environment website.

Plan Change 33 was made ‘operative in part’ on June 26, with all the provisions accepted by council on 20 May now incorporated into the city plan, said Jones.

Staff would now work to incorporate the remaining changes into the city plan and make Plan Change 33 ‘operative in full’ in the coming weeks, she said.

“We look forward to working with the incoming council, once they’re on board, to support the growth of Tauranga and address our city’s housing needs.”

The minister’s decision is final and cannot be appealed.

Local Democracy Reporting is local-body journalism co-funded by RNZ and NZ On Air.

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