Decision making and status of provisions

Find out about our decisions on Independent Hearings Panel recommendations.

Public notices 

The Council's public notice of ISPP decisions released 20 March 2024 can be found here.

The Council's public notice of decisions on provisions under RMA Schedule 1 Part 1 released 5 April 2024 can be found here

The Council’s public notice of Ministerial decisions on Council’s alternative recommendations will be issued shortly.

Council decisions on Independent Hearings Panel recommendations

On 14 March 2024 the Wellington City Council Environment and Infrastructure | Kōrau Tūāpapa Committee resolved to adopt and approve most of the recommendations of the Independent Hearings Panel (the Panel).

The Committee resolved to reject a number of Panel recommendations and to refer alternative recommendations to Minister Chris Bishop to make a final determination. These are identified in the table below. All other recommendations of the Panel were accepted.

The minutes of the Council meeting can be found here: Environment and Infrastructure Committee - 14 March 2024, 9:30am - Meetings - Wellington City Council.

An interactive map viewer showing the differences between the Independent Hearings Panel’s recommendations and the Council’s alternative recommendations can be accessed on ArcGIS.

The Council’s letter to Minister Bishop with full details can be found here

Ministerial decisions on Council's alternative recommendations

The Minister made and announced decisions on the Council’s alternative recommendations on 08/05/2024.

The table below summarises the Panel recommendations rejected by the Council, and the alternative recommendations referred to the Minister, and the Ministers decisions on those alternative recommendations.

The Minister’s press release with decisions on the alternative recommendations can be found here.

Independent Hearings Panel recommendations

 Council’s alternative recommendation referred to the Minister Minister's decisions on recommendation
Rezone blocks along Adelaide Road between Basin Reserve and John Street from a City Centre Zone to a Mixed Use Zone.  
Retain the City Centre Zone in this Adelaide Road area in the notified 2022 Proposed District Plan.   Council alternative accepted.
Around the City Centre Zone, enable high density generally within a 15 minute walk up to the Town Belt and Thorndon motorway, with a smaller catchment in areas with steep streets and areas further away from the core of the City Centre – refer to the interactive viewer
Apply this 15 minute walkable catchment by measuring it from the City Centre Zone boundary, including from the John St end of Adelaide Road, up to the Town Belt edge, without reducing it for other reasons – refer to map.  

A consequential amendment ensures that viewshafts from the top of the Cable Car would stay protected from any nearby high density residential development.  
 Council alternative accepted.
Exclude areas of Hay Street higher up the street from having building heights of 22 metres within the walkable catchment. 
Applies the High Density Residential Zone and maximum heights limits are applied to Hay Street in the same way as other area within a walking catchment of the City Centre Zone. 
 Council alternative accepted.
Increase the extent of Character Precincts from that notified in the Proposed Plan - refer to the interactive viewer
Retains the same extent of character precincts as in the notified Proposed Plan, as well as the notified Medium and High Density Zones in these areas. A consequential amendment returns the Berhampore Neighbourhood Centre maximum height standard to the notified 22 m.  
 Council alternative accepted.
Reduce the building height threshold and height-to-boundary controls as they relate to Hania Street properties that are next to the Moir Street Heritage Area.  
For these building height threshold and height-to-boundary controls, retain the numbers as notified in the Proposed District Plan. 
 Council alternative accepted.
For 1-3 residential units in the Medium Density Residential Zone, require a front yard setback of 1.5m and a side yard of 1m. In the High Density Residential Zone, require the 1 m side yard (not front yard setback). 
Remove the front and side yard setback requirements for 1 – 3 residential units in the Medium and High Density Residential Zones.  
 Council alternative accepted. 
Apply the High Density Residential Zone with a 22 metre height limit within a 10 minute walkable catchment around the Kilbirnie Metropolitan Centre, except for coastal natural hazard areas and steep eastern hills.  
Refer a request to the Minister that the upzoning required by the National Policy Statement on Urban Development 2020 as it relates to the Kilbirnie Metropolitan Centre be given effect to through a plan change notified within one year of the Minister’s decision.  
 Council alternative rejected.
Do not identify the Johnsonville railway line as a rapid transit service. 
Identify the Johnsonville railway line as a rapid transit service and enable buildings with a maximum height of 22 metres within a 10 minute walkable catchment of its stations.  
 Council alternative accepted. 
Along the Kapiti rail line, enable buildings with a maximum height of 22 metres within a 5 minute walkable catchment from the Takapu Road and Linden Stations, 10 minutes from the Tawa and Kenepuru Stations, and 10 minutes from the Redwood Station (except the southeast side – 5 minutes).  
Along the Kapiti Line, enable buildings with a maximum height of 22 metres within 10 minute walkable catchments of Kenepuru, Linden, Tawa, Redwood and Takapu Road stations. 
 Council alternative accepted.

Retain the following buildings on the heritage schedule:

  • 320 The Terrace, Gordon Wilson Flats
  • 139 Park Road, Gas Tank (former)
  • 1 Ranfurly Terrace, Emeny House (former)
  • 53 Trelissick Crescent, Kahn House
  • 280 Oriental Parade, Olympus Apartments
  • 274 Oriental Parade, Wharenui Apartments
  • 21 Kelburn Parade, Robert Stout Building
  • 24 Donald McLean Street, Former Primitive Methodist Church
  • 25-29 Phillip Street, Johnsonville Masonic Hall
  • 69 Tio Tio Road, Our Lady Star of the Sea Chapel and Stellamaris Retreat House
Remove the buildings from the heritage schedule. 
 Council alternative rejected.
Exclude the City Centre Zone from the application of the ‘hydraulic neutrality’ rule. 
To not exclude the City Centre Zone from the application of the ‘hydraulic neutrality’ rule.  
 Council alternative accepted.

Decisions using the Intensification Streamlined Planning Process (ISPP) cannot be appealed, but can be judicially reviewed.

Next steps

Appeal period

  • From the 5th April when we publicly notified standard planning process decisions, submitters have 30-working days to appeal to the Environment Court on the parts decided under the standard planning process (not the ISPP parts). The appeal period closes on 21/05/2024. 

Public notice of Minister's decision

  • We will shortly issue a public notice of the Minister’s decisions. It will specify the date when the provisions subject to the Ministers decisions become ‘operative’. Note however that the decisions are to be ‘treated as operative’ from the date of the Minister’s decision.
  • Submitters will receive a letter by email or post notifying them of the decisions within five working days of the public notice.
  • We aim to complete this two weeks or so after the Minister’s decision.

Guidance on the status of plan provisions  

ISPP provisions which were accepted by the Council are now operative.

ISPP rules that implement the Minister's decisions are to be 'treated as operative'.

Standard planning process rules (Part one, Schedule one) which have been determined by the Council have 'legal effect'. 

Contact us

Mobile: 021 198 7136
Email: district.plan@wcc.govt.nz

If you would like independent support from a qualified planner who has had no involvement in developing the District Plan you can contact Emily Bayliss, the ‘Friend of the Submitter’.

Mobile: 021 803 0080
Email: friendofsubmitters@wcc.govt.nz