Implementation
The Council has available a wide range of approaches – from a very “hands-off” approach, through to a very “hands-on” approach, using a range of regulatory and non-regulatory mechanisms. It is anticipated that a combination of the
available mechanisms will be used in conjunction with the structure plan option.
In looking at implementation it is important to bear in mind that the Town
Vision will take many years to come to fruition. The Council’s role over these years is to guide and facilitate development towards the Vision.
Implementing the Whakatane Town Vision plan
The council considered that a mix of methods both regulatory and non
regulatory is needed to achieve the aims of the Town Vision .
The Council supports an implementation approach that combines incentives, community will and regulation to achieve the principles of the Town Vision. Without prejudicing any practicable option to achieve the Vision over time, the Council prefers an approach that will combine:
(a) A review of current District Plan objectives and policies to align them
with the Town Vision themes and principles
(b) A review of current District Plan rules and other methods to implement
the Town Vision.
This may include the development of further design guidelines, development plans for specific sites or areas, financial incentives, additional or changed rules;
(c) Other incentives;
(d) Land purchase through negotiation;
(e) Partnering with developers where appropriate.
Variation to the District Plan
The District Plan sets out Objectives, Issues and Methods for the use of land in the District. It has a number of zones recognising the different activities that take place in the District. In the area covered by the Town Vision plan, activities must comply with Business 1 zone rules as well as potentially having regard to provisions preserving the Strand Character Area. These rules are intended to recognise the pedestrian nature of this part of the town centre, and manage building size and form, vehicle access and parking, as well as maintaining public spaces and having regard to important natural features.
The Town Vision could be given effect to through a change to the District
Plan introducing or amending rules that would ensure that development
progresses along the lines of the Town Vision. Any variation or plan change would need to go through a full public consultation process under the Resource Management Act and would consider the effects that a plan change would have on the owners, residents and users of the Town Centre.
Structure Plan
A structure plan is a framework to guide the development or redevelopment of a particular area by defining the future development and land use patterns, areas of open space, the layout and nature of infrastructure (including transportation links), and other key features for managing the effects of development.
Structure plans comprise one or more maps, plans or diagrammatic
representations of the proposed layout, features, character and links for areas being developed or redeveloped. The maps or plans do not typically go into such detail as to define individual lot boundaries or the physical form of buildings and structures. The maps, plans or representations are usually supported by text explaining the background to the issues which initiated the structure plan and the management approaches to be used to deal with those issues.
Structure plans are rarely stand-alone documents. They often originate
from, or interact with, other plans, particularly those produced under the
Resource Management Act and Local Government Act. The principal means of implementation may follow a regulatory or non-regulatory path. However, practically there will often be combination of both paths to meet the wide diversity of issues encountered.
Partnering with Developers
This involves establishing partnerships with developers who wish to develop in accordance with the Town Vision. This may range from full financial partnerships, making the Council a part-owner of the development, through to the Council simply endorsing and supporting developments. There are a number of ways the Council could support a developer by:
• Facilitating the development by matching potential developers with
property owners;
• Undertaking consultation with the Community on key issues;
• Providing in-kind support (see financial incentives below);
• Changing ground lease terms and conditions (including sale);
• Collaborating and partnering on community focussed funding
applications to entities such as the Lotteries Grants Board.
Financial Incentives
In order to encourage development in accordance with the Town Vision plan the Council could offer financial incentives. These could include a number of mechanisms such as waiving or reducing applicable fees such as resource consent fees and inspection fees. These costs would however need to be recognised as a cost to the community. This could make it more attractive for developers to undertake certain types of development.
Designation
Designations are a mechanism under the Resource Management Act 1991. They can be used by the Council to set aside land for public works and other projects of a public interest nature. Designations enable public works to be carried out as if they were authorised by a rule in the relevant district plan.
Designations also restrict activities which are inconsistent with the designated work thereby preserving the land for the future works. Designations must be included in the District Plan, a notice of requirement to include the designation in the District Plan would have to be completed before a Designation would take full effect.
Acquire land under the Public Works Act 1981
The Public Works Act 1981 deals with the rights of central and local
government to acquire private land for public purposes such as reserves,
schools, hospitals, roads and airports, and the procedures for acquiring and disposing of this land. The Act provides a clear statutory framework for negotiation, acquisition, and compensation. An example of the use of this Act would be if the final Vision required a new road to be built. The Council could use the Public Works Act to acquire the land required for the road.
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