Minister has final say on housing density rules for Christchurch
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The Government has issued its final decisions on a number of matters referred to it as part of the planning process for greater housing density in Christchurch.
Minister for RMA Reform Chris Bishop has given Christchurch City Council his decisions on 20 alternative recommendations put forward by the Council for its Housing and Business Choice Plan Change (Plan Change 14). Accepted: An increased building height overlay (to 36m) for the former Stockyards at 25 Deans Avenue Aligning the High Density Residential zoning for 231 Milton Street and 12 Johnson Street to parcel boundaries Local Centre Intensification Precinct around 8 of the commercial centres across the city e.g. Barrington, Prestons, Wigram. Rejected: Limiting High Density residential zoning around Riccarton, Hornby and Linwood, including any modification of associated height controls Restricting the commercial Town Centre Zone building height and any other modification of standards for Hornby and Linwood Not applying Medium Density Residential zone around the Peer Street Local Centre Changing the zoning for 20 Deans Avenue from Residential Medium Density to Mixed Use zone Greater consideration of Papanui War Memorial Avenues Applying the City Spine qualifying matter Sunlight access qualifying matter Riccarton Bush Interface Area qualifying matter Decreasing the threshold of consent within the Airport Noise Influence Area and removal of a clause requiring notification to Christchurch International Airport. Deferred: Removal of the heritage listing and setting for Antonio Hall (265 Riccarton Road) and Daresbury House Removal of Piko Residential Character Area qualifying matter The Minister will make decisions on the Council’s remaining three alternative recommendations – related to Daresbury House, Antonio Hall, and the Piko Residential Character Area – after the balance of Plan Change 14 has been decided by the Council.
Plan Change 14 alternative recommendations
Of those 20 alternative recommendations, Minister Bishop has accepted three and deferred three, meaning the remaining 14 decisions reflect the original recommendations made last year by the plan change’s Independent Hearings Panel (IHP).
The decisions take immediate effect and now, for example, increase the high-density zoning for Hornby, Riccarton and Linwood in line with the IHP’s recommendations.
The Minister also rejected the Council’s recommendation which sought to apply a special city-wide restriction to developments, to provide greater sunlight access than is currently allowed for in Christchurch under the national Medium-Density Residential Standards (MDRS). This was a key concern of the Council given its concerns over the shading effects of development on neighbours.
Mayor Phil Mauger says the Minister’s response is incredibly disappointing for our city.
“In putting these decisions forward to the Government, we obviously wanted to get all of our alternative recommendations approved. So, to only have three of them get the tick is a kick in the guts.
“This plan change has been a huge undertaking for our city, and we’ve said right the way through that we want to get the best outcome we possibly can. This doesn't feel like the best outcome.
“To that end, we’ll keep working hard as a council, and there are still major decisions yet to be made when it comes to housing density and planning across much of Christchurch, so watch this space.”
To date, the Council has only made decisions on Plan Change 14 that relate to policies 3 and 4 of the Government’s National Policy Statement on Urban Development, which require greater building development within and around the central city, suburban commercial centres, and planned high-frequency and high-capacity public transport routes. Decisions have also been made on Financial Contributions for tree canopy cover and select other zonings.
That means the Council is yet to decide what housing intensification will look like for the rest of the city, which needs to be completed by the Government’s deadline of 12 December this year, along with the balance of Plan Change 14’s decisions.
The Government has also proposed a Bill to modify the Resource Management Act, to allow councils to withdraw undecided parts of Intensification Planning Instruments such as Plan Change 14. That Bill is expected to become law in August and may allow the Council to limit the extent of where MDRS – which allows up to three dwellings of up to three storeys to be developed without resource consent – applies across the city.
The Council is waiting on further information from the Government’s Select Committee on the Bill, which is expected to come later this month.
Q&As
What has the Minister decided on?
When Council considered the recommendations of the Independent Hearings Panel on Policy 3 of the National Policy Statement on Urban Development (i.e. intensification within and around commercial centres), it rejected 21 recommendations. Council made alternative recommendations to the Minister to make the final decision on either the IHP recommendation or the Council recommendation.
Does the Minister’s decision conclude decision- making for PC14?
Yes, but only for the part of PC14 related to intensification around centres that the Council decided on in December 2024. The Council is still required to consider the balance of IHP recommendations on PC14 by 12 December 2025. This will consider medium density zoning across urban Christchurch.
Can I appeal the decision of the Minister?
No, the decision is final and cannot be appealed to the Environment Court. However, a Judicial Review application to the High Court remains possible for any administrative decision on limited legal grounds.
Does Council need to accept or endorse the Minister’s decision?
No, the Minister’s decision is final.
When does the decision take effect?
The decision takes immediate effect and will be fully operative under the District Plan once Council publishes a public notice, which is expected in the week of 16 June.
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