Airbnb & Short Stay accommodation - regulation is coming Written by James Allen – Senior Solicitor (Property) Christchurch City Council has recently released its plan to regulate Airbnb-style short stay accommodation in Christchurch City. After months of consultation and public feedback, Council has now put forward its plan to bring in a three-tiered consenting system for 'unhosted' short-stay accommodation (Plan Change 4). The proposed changes to the District Plan would require homeowners to apply for resource consent in order to use unoccupied property for short-stay visitor accommodation. The proposed tiers are as follows: Tier One 1-60 nights a year - now a "controlled activity". The Council could not decline the application but could apply conditions. Approximate cost: $1,000 - $2,000. Tier Two 61 - 80 nights a year - now a "discretionary activity". The Council could consider any environmental effects in the consent, including noise and traffic impacts on neighbours. Approximate cost: $3,000+. Tier Three 180 nights a year - now a "non-complying activity". The Council could only grant the consent if environmental effects were minor. Approximate cost: $3,000+. Critics of the proposal argue that the cost of obtaining a resource consent would force many people out of the market, which could lead to a shortage of accommodation across Christchurch and Bank Peninsula during peak times of the year. In rural zones, 'unhosted' visitor accommodation in a residential dwelling would be a "permitted activity" for the first 180 days. Council is also proposing restrictions on 'hosted' short-stay accommodation, where the owners also live in the property, to include limitations around late-night arrivals and departures and the size of functions. Plan Change 4 is now at the submission stage which provides a further opportunity for public input. Submissions close on 22 October 2020 and will be followed by a hearing, before the Council makes a final decision. If you have any questions about the submission process or short stay-accommodation in general, including which ‘tier’ you might currently be in, please feel free to contact our resource management and property experts to discuss. If, or probably when, resource consents are required, we can help you through that process too. But in the meantime, if you have a view, make a submission. Selwyn and Waimak District Plan reviews are looming Written by Andrew Schulte - Partner (Resource Management) Time to think seriously about District Plans especially if your clients live, work or own land in Selwyn or Waimakariri Districts. Previous articles have raised the looming question of whether your clients might want, or need, to get involved in the Selwyn or Waimakariri District Plan Reviews. For Selwyn that question is now pressing with the release of the proposed Selwyn District Plan on 5 October with the submissions period concluding at 5pm on Friday 4 December. Reaching the point of notification has taken a lot of work, some of which your clients may already have been involved in. The Councils have released discussion documents on strategic issues, convened focus groups and sought feedback from interested persons and groups. Now comes the formal part. The proposed District Plan represents the Council’s preferred approach to the myriad of topics and issues the District Plan needs to contemplate and provide for. However, while the Councils positions need to be evidence based, that does not mean they are the only response or cannot be tested. To do so requires making a submission and being heard on it at the Council hearing (at least). A submission also means your client can take the subsequent step of appealing the Council’s decision, if they consider that is required. It also means that if another appeal is made, touching on the subject matter of their submission (or is reasonably related to it) they may be able to joint that appeal as a party. So, making a submission on a topic you want to see in or out of the plan, or a rule you want changed, is an important step. Submissions can be simple or complex. They can be made, to the Council at least, with or without additional supporting evidence. Logically a position supported by evidence will carry more weight that one without, but if an appeal seems inevitable, there may be an argument for providing limited evidence at first instance. This, however, is not generally encouraged because the Council deserve to know a submitter’s case and be able to fully consider it. The question of what evidence to give, who might give it and how to get best value for your client in their submission preparation, are matters we can assist them with. Please make your clients aware of the impeding plan reviews. District Plans once confirmed have a life of at least 10 years, and while subsequent changes can be made or resource consents sought, these can be costly and are not guaranteed to succeed. Participating in the proposed District Plan process is often the best opportunity to influence the content of the plan before it becomes operative. If you or your clients have any questions, please contact the Resource Management Team at Cavell Leitch. Andrew has an expert understanding of the Resource Management Act (RMA), its procedures, related legislation, and how district and regional planning documents work. He also has experience in advising on policy matters in the context of amendments to the RMA and regulations. Andrew’s practice includes local government and public law. He has acquired skills in these areas that complement his resource management background and has successfully applied those skills for the benefit of his clients. James Allen - Senior Solicitor James takes great pride in building strong relationships with his clients and in providing practical legal advice in order to help his clients achieve the best possible outcomes. James has experience in a broad range of property matters including residential property, commercial property, and leases, both large and small-scale subdivisions, construction contracts, rural transactions, refinancing, and trust matters. |