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Planning Bill

Combined plan - Land use plans - Further matters relating to rules in a plan

84: Rules that modify requirements for esplanade reserves

You could also call this:

"Rules for areas near water that are set aside for public use"

Illustration for Planning Bill

The Planning Bill is a proposed law that may change how esplanade reserves work. You need to know that esplanade reserves are areas of land near water that are set aside for public use. A rule in a land use plan may say how wide an esplanade reserve should be, or if one is needed at all. If land is being subdivided into smaller blocks, the rule may say that a smaller esplanade reserve is okay. You can have an esplanade strip instead of a reserve, and the rule can say how wide it should be. The rule can also say if an esplanade reserve or strip is needed for bigger blocks of land. There are rules about esplanade reserves in the Local Government Act 1974, but the Planning Bill may change these rules. You should look at clause 40 of Schedule 7 and clause 45 of Schedule 7 to see what the rules are. A rule in a land use plan may also say that section 345(3) of the Local Government Act 1974 does not apply, or that a different width is needed for an esplanade reserve.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1526694.

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Topics:
Environment and resources > Town planningHousing and property > Land use
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Part 3Combined plan
Land use plans: Further matters relating to rules in a plan

84Rules that modify requirements for esplanade reserves

  1. For allotments of less than 4 hectares created by the subdivision of land, a rule in a land use plan may—

  2. specify the required width of any esplanade reserve required under clause 40 of Schedule 7; or
    1. provide that no esplanade reserve is required under that clause; or
      1. provide that, instead of an esplanade reserve under that clause, an esplanade strip of a width specified in the rule may be created in accordance with clause 45 of Schedule 7.

        1. For allotments of 4 hectares or more created by the subdivision of land, a rule in a land use plan may provide that—

        2. an esplanade reserve of a specified width is required under clause 40 of Schedule 7; or
          1. an esplanade strip of a specified width must be created under clause 45 of Schedule 7.

            1. A rule in a land use plan may—

            2. specify the required width of any esplanade reserve required under section 345(3) of the Local Government Act 1974 (being greater or less than the 20 metres referred to in that section); or
              1. provide that section 345(3) of the Local Government Act 1974 does not apply.