1.1.10 Rules Having Early or Delayed Legal Effect

​​​​​​​1.1.10.1 Legal Effect of Proposed Plan and Operative Plans

Many of the rules of this Proposed District Plan do not have immediate legal effect. This means that resource consent will not be required for these rules. Following the notification of this document, the Operative Hamilton District Plan and Waikato District Plan will continue to have legal force and will be used to determine if resource consent is required for an activity.

The operative Hamilton District Plan and Waikato District Plan will gradually be replaced by the Proposed District Plan provisions, in accordance with the Act (see section 86F). As a general rule, the old rules will remain in force until decisions are issued, following hearings of submissions to this Plan. Information will be available from Council about the status of particular provisions.

1.1.10.2 Rules Having Immediate Legal Effect

Rules that have immediate legal effect upon notification of this Plan are those that:

a) Protect or relate to water, air or soil for soil conservation.

b) Protect areas of significant indigenous vegetation.

c) Protect areas of significant habitat of indigenous fauna.

d) Protect historic heritage.

1.1.10.3 Transitional Provisions

The Resource Management Act preserves the interests of applicants who have resource consent applications accepted by Council before 10 July 2014 but decided after that date. However, the Building Act does not preserve the interests of applicants for building consents in the same way. This has unintended implications for applicants who have already submitted their applications and are likely to have to rework their applications with subsequent additional costs . For these reasons, all building consent applications lodged with the Council up to and including 9 July 2014:

a) shall be required to comply with the rules of the Proposed District Plan which had legal effect on and after 10 December 2013;

b) shall not be required to comply with the rules of the Proposed District Plan that had legal effect for the first time on and after 10 July 2012.

 

Page reviewed: 10 Mar 2016 11:23am