urban design case law review a few pointers for plans
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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


  1. URBAN DESIGN CASE LAW – MAY NZPI CONFERENCE URBAN DESIGN CASE LAW REVIEW A FEW POINTERS FOR PLANS

  2. 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

  3. 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

  4. URBAN DESIGN CASE LAW – MAY NZPI CONFERENCE Approach – Urban Design Definition Identified urban design scale differences Scale • Building/site • Precinct/area • Town • District • Region

  5. 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

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  8. 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)

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  10. 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 C ouncil [W90/07]

  11. URBAN DESIGN CASE LAW – MAY NZPI CONFERENCE

  12. URBAN DESIGN CASE LAW – MAY NZPI CONFERENCE

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  15. 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]

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  18. 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]

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  20. URBAN DESIGN CASE LAW – MAY NZPI CONFERENCE

  21. URBAN DESIGN CASE LAW – MAY NZPI CONFERENCE Broad Findings • 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

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