URBAN DESIGN CASE LAW REVIEW A FEW POINTERS FOR PLANS URBAN DESIGN - - PowerPoint PPT Presentation

URBAN DESIGN CASE LAW – MAY NZPI CONFERENCE

URBAN DESIGN CASE LAW REVIEW A FEW POINTERS FOR PLANS

URBAN DESIGN CASE LAW – MAY NZPI CONFERENCE

Intro to the Review

• Review of reported Environment Court decisions with urban design content

– by legal, planning and urban designer combination

• MFE Urban Design protocol initiative
• Aim – to look for pointers that may help people practising urban design

under RMA

• Limitations – EC decisions only, not ALL cases with urban design content,

constant change, no substitute for reading the cases, not a critique

• Produced report – case summary and discussion

URBAN DESIGN CASE LAW – MAY NZPI CONFERENCE

Approach – Urban Design Definition Identified urban design subject areas to structure review Linked across to NZ Urban Design Protocol [7 C’s] Subject Areas

• Amenity
• Character
• Heritage
• Commerce
• Movement
• Density
• Urban Growth
• Open Space

URBAN DESIGN CASE LAW – MAY NZPI CONFERENCE

Approach – Urban Design Definition Identified urban design scale differences Scale

• Building/site
• Precinct/area
• Town
• District
• Region

URBAN DESIGN CASE LAW – MAY NZPI CONFERENCE

Amenity

• Recognise and provide for amenity if it exists
• Apply methods to address it if in objectives and policies

Foot V Wellington City Council W73/98

URBAN DESIGN CASE LAW – MAY NZPI CONFERENCE

URBAN DESIGN CASE LAW – MAY NZPI CONFERENCE

URBAN DESIGN CASE LAW – MAY NZPI CONFERENCE

Character

• Character fit and uniformity
• Precincts / Special Amenity Areas

– A well-understood tool, but importance of ground-up assessment: understanding the setting Christchurch Civic Trust v Christchurch City Council (C82/05)

URBAN DESIGN CASE LAW – MAY NZPI CONFERENCE

URBAN DESIGN CASE LAW – MAY NZPI CONFERENCE

Density

• Intensification and location determinative direction needed otherwise policy

‘interpreted’

• Merits of innovation, and control through Master Plan + conditions of

consent + design guidelines + permitted activity standards Frasers Papamoa Ltd v Tauranga City Council [W90/07]

URBAN DESIGN CASE LAW – MAY NZPI CONFERENCE

URBAN DESIGN CASE LAW – MAY NZPI CONFERENCE

URBAN DESIGN CASE LAW – MAY NZPI CONFERENCE

URBAN DESIGN CASE LAW – MAY NZPI CONFERENCE

URBAN DESIGN CASE LAW – MAY NZPI CONFERENCE

Public Open Space

• Urban open space policy - the role of strategic policy documents ‘outside’ the District Plan

(Wellington Waterfront Framework)

• Strong policies in Regional Coastal Plan provide framework for design contest
• Importance of cross-boundary considerations in coastal urban design

Intercontinental Hotel and Others v Greater Wellington Regional Council and Waterfront Investments Ltd W15/2008 [Hilton]

URBAN DESIGN CASE LAW – MAY NZPI CONFERENCE

URBAN DESIGN CASE LAW – MAY NZPI CONFERENCE

URBAN DESIGN CASE LAW – MAY NZPI CONFERENCE

Urban Growth

• Regional direction – needs to be clear
• Urban containment – recognised as OK
• Structure plans – commonly used and accepted technique

North Shore City Council v Auckland Regional Council 1991 NZRMA 59 [Long Bay/Okura]

URBAN DESIGN CASE LAW – MAY NZPI CONFERENCE

URBAN DESIGN CASE LAW – MAY NZPI CONFERENCE

URBAN DESIGN CASE LAW – MAY NZPI CONFERENCE

• Amenity – catch all for lots of qualities – needs definition, good assessment, and methods if it

exists

• Character – uniformity important if going for protection of particular attributes
• Density – make clear where + watch this space
• Public open space – increasingly valued- instruments need to follow process, jurisdictional at

coast

• Urban growth – regional management needs clarity – containment and structure plans techniques

Broad Findings