Approvals for quake-displaced activities

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New Rules: Temporary Accommodation for Quake-displaced Businesses and Residents and Temporary Depots

As part of its response to the 22 February Christchurch earthquake, the Christchurch City Council has now published a public notice setting out 'Permitted Temporary Accommodation and Temporary Depots and Storage Facilities' under the powers available to it under the Canterbury Earthquake (Resource Management Act Permitted Activities) Order 2011.

The public notice provides for a range of displaced people and business activities to locate where they would not otherwise comply with the City and Banks Peninsula District Plan, subject to conditions.  The notice effectively permits these activities on a temporary basis through to 18 April 2016 or provides for a simpler and quicker process than the resource consent process which would otherwise apply.

Temporary activities provided for:

A summary of the activity types and locations in Christchurch City that are provided for by the public notice (subject to conditions) includes:

  • Retailing, office, travellers accommodation, food and beverage outlets, places of entertainment, education activity, recreation activity, day care, health facilities, and spiritual facilities in Business 1, Business 2, Business 3, Business 3B, Business 4, Central City, and Special Purpose Zones
  • Office, retailing, educational activity, day care, health facilities, recreation activity and spiritual facilities in Living, Open Space, Rural and Cultural Zones
  • Industrial activity in Business 3, Business 3B, Business 4, Business 5, Business 6, Business 7 and Special Purpose Zones
  • Residential activity involving one accommodation unit in Living and Rural Zones
  • Residential activity involving two or more accommodation units in Open Space, Living, Cultural and Special Purpose Zones
  • Depots or storage facilities for transport purposes, of for use by tradespersons, service providers, or contractors, if those depots or facilities are reasonably incidental to any construction work; and land and structures used for such activities as the delivery, transit, distribution, or storage of vehicles, machinery, equipment, materials, food, emergency supplies, debris and waste materials, or other relevant things; or the provision of services in Open Space, Business, Central City, Rural, Quarry and Special Purpose Zones.

Similar provisions are also applicable to areas covered by the Banks Peninsula District Plan.

 

Approval options for temporary activities:

People planning to establish a temporary residential or business activity in response to the earthquake, where this activity would normally breach rules in the City Plan or Banks Peninsula District Plan must seek confirmation by way of an application to the Council.  The three application types/options are:

  1. Apply to Council for confirmation that the temporary activity is permitted and complies with the relevant general conditions set out in the public notice- there is no Council charge for this.

  2. If the requested temporary activity does not comply with the general conditions (as per 1 above), then apply to the Council to obtain site-specific approval with suitable site-specific conditions.  The timeframe for considering the application is 3 days, and there is no Council charge for this.

  3. If neither of the options detailed above apply (i.e., if a site specific approval is declined, or a tenure beyond 18 April 2016 needs to be confirmed) a resource consent will be required to establish the activity, even on a temporary basis.

People who have already relocated to temporary accommodation or have established temporary activities that breach rules in the City or Banks Peninsula District Plans are advised by Council to seek the appropriate approval under one of the three options above. 

ViaStrada has already obtained site-specific approvals on behalf of clients and is currently preparing resource consents for temporary activities requiring certainty of tenure (beyond 18 April 2016).  For further information on the above or to seek assistance from ViaStrada with planning, traffic, noise or environmental health matters please contact Jeremy, Kathryn or Andrew on (03) 943-0830 or contact our Christchurch office.