Special Housing Areas
The Housing Accords and Special Housing Areas Act 2013 states that a Housing Accord must set out agreed targets and define how the Government and a council will work together to achieve the purposes of the Act. These targets will be achieved through the identification and development of Special Housing Areas in the City.
A Special Housing Area (SHA) is an area of the City suitable for new housing where the more permissive resource consenting powers of the Act can be used to fast track development. The legislation allows the council to consider requests for SHAs in existing urban areas. Development of new sections and homes in these areas will be ‘fast-tracked’ through the resource consenting process. Under the Accord, Nelson City Council has the ability to recommend SHAs to the Minister of Housing.
While the conceptual nature of a development will be known at the time a Special Housing Area is considered, the finer details will be determined through a later resource consent process.
On 23 March 2017, the Nelson City Council decided to continue to be an Accord Authority under the Housing Accord and Special Housing Areas Act (HASHAA), until 16 September 2021.
The extended Nelson Housing Accord will be amended to reflect a preference for the consideration of Special Housing Areas (SHAs) in areas that are either zoned residential, city centre, suburban commercial, or located within the Saxton SHA where Council has already made SHA recommendations.
It will also reflect a preference for the consideration of SHAs where all infrastructure services either exist, or will exist in the short or medium term and are provided for in the Long Term Plan.
New Expressions of Interest (EOIs) for establishing SHAs will be considered by the Council via a quarterly EOI process. However for 2017, the timing of cabinet’s consideration of Council’s recommendations will be affected by the 2017 general election. EOIs for this round of approvals are now open, and need to be submitted by 1 May 2017. For information on the EOI process, please contact Lisa Gibellini, Senior Infrastructure Planner, firstname.lastname@example.org or phone 03 546 0375.
Key changes to HASHAA
On 16 September 2016, the Housing Legislation Amendment Act 2016 (the Amendment Act) came into effect, with the intent to meet the high housing demands in areas outside of Auckland.
The Amendment Act makes various key changes to HASHAA, including
- extending the deadline for establishing SHAs until 16 September 2019, and
- extending the date of repeal of HASHAA until 16 September 2021.
The Act also impacts on the date of disestablishment of a SHA. An approved SHA has a set timeframe which requires that a resource consent application must be lodged with Council before the date of disestablishment. Once a SHA is disestablished it loses its SHA status and any resource consent application would need to be made under the Resource Management Act.
The Amendment Act sets new timelines for disestablishing SHAs.
- From 23 March 2017, any new SHAs will have until 16 September 2019 until they are disestablished.
- SHAs approved before 23 March 2017 will be disestablished 12 months from the date on which the Order in Council was notified in Gazette.
Applications for variations to consent conditions for consent applications lodged prior to the disestablishment of a SHA, (under section 52 HASHAA), can still be made under HASHAA even after the SHA has been disestablished.
In the case of a SHA that has been disestablished, the developer may choose to submit a new Expression of Interest for Council to consider re-establishing the SHA via the quarterly expressions of interest process detailed above.
If the new SHA application is approved, the developer may then apply for new resource consent applications under HASHAA up to 16 September 2019.
However depending on the scale and nature of the development, there may be a requirement for the developer to enter into a Deed with the Council or for the developer to obtain Urban Design Approval, even if this was not a requirement when the SHA was first gazetted.
For any queries contact Lisa Gibellini, Senior Infrastructure Planner, email@example.com or phone 03 546 0375.
Table of SHAs
The following table provides a list of existing SHAs, confirms their status and sets out if resource consent applications can still be made under HASHAA:
|SHA||HASHAA Consent issued||SHA Status||Description|
Bett Car park
Paru Paru Road
Toi Toi Street
|yes||Disestablished on 15 February 2017||No new resource consent applications can be made under HASHAA. However applications for variations to consent conditions can still be processed under HASHAA.|
|Yes||To be disestablished on 25 July 2017||Applications for resource consent lodged before 25 July 2017 can be processed either under the RMA or HASHAA and applications for variations to consent conditions can still be processed under HASHAA.|
|Bishopdale Pottery||In progress||Disestablished on 15 February 2017||Applications for resource consent are still being progressed.|
|Tahuna Housing Development||No||Disestablished on 15 February 2017||Applications for resource consent cannot be made under HASHAA. A resource consent was not lodged prior to the disestablishment of the SHA.|
|Beach Road||No||To be disestablished on 16 May 2017||Applications for resource consent lodged before 16 May 2017 can be processed either under the RMA or HASHAA. Any application received after 16 May 2017 will need to be processed under the RMA.|