What is 'inappropriate subdivision, use and development'?

The natural character of the coastal environment, wetlands, lakes and rivers is not protected absolutely. Instead, a decision maker must assess whether an activity is “inappropriate”. 

The term “inappropriate” is “heavily affected by context and “should be assessed by reference to what it is that is sought to be protected”. ¹⁵³²  In the context of s 6(a), the standard of inappropriateness relates back to the natural character attributes that are to be preserved or protected. It is not appropriate to take an “overall judgment” approach to interpreting the meaning of “inappropriate”. ¹⁵³³  This means, for example, the economic benefits of a development are not relevant to whether it is “inappropriate”.

Whether an activity is “inappropriate” will depend upon the extent to which a location can absorb development without adverse effects on the natural qualities of the site itself and the surrounding environment. This will turn upon the characteristics of the area and the proposed activity.

Policy 13 of the New Zealand Coastal Policy Statement 2010 provides the meaning of “inappropriate” in relation to natural character in the coastal environment. ¹⁵³⁴  It requires all adverse effects of activities on natural character to be avoided in areas with outstanding natural character and significant adverse effects of activities on natural character to be avoided in all other areas of the coastal environment. ¹⁵³⁵  The word “avoid” means “not allow” or “prevent the occurrence of”. ¹⁵³⁶

This means that areas with outstanding natural character values should receive the greatest protection. However, the remaining natural character of all areas of the coastal environment is protected from significant adverse effects.

In order to achieve such protection, councils are required to first assess the natural character of their district or region. Then areas of high natural character, at least, need to be identified in the council’s policy statement or plan, ideally by mapping. Once the areas have been identified, plans need to include provisions (where required) to preserve natural character through avoiding all adverse effects or significant adverse effects, depending on the area.

Cumulative impacts on natural character can best be managed through strategic planning. Policy 7 of the New Zealand Coastal Policy Statement 2010 requires consideration of where, how and when to provide for future use and development. It also directs the identification of areas where particular activities may be inappropriate, for example due to their impacts on natural character. In addition, provisions need to be developed to provide for the protection of these areas from inappropriate activities.

Policy 6 of the New Zealand Coastal Policy Statement 2010 indicates how development can be located to reduce impacts on natural character. This includes consolidating urban settlements and avoiding urban sprawl, avoiding visually sensitive areas such as ridgelines and headlands, and setting structures well back from the coastal edge.

Regional and district plans can indicate that an activity is inappropriate by setting a non-complying or prohibited activity status. They may provide that, whether or not an activity is appropriate will depend on factors such as location and scale, by prescribing a discretionary status. Alternatively, plans may indicate that an activity is appropriate in all cases by providing for it as a permitted activity or appropriate subject to certain controls by providing for it as a controlled activity.

Policy 7 also addresses cumulative effects and requires regional policy statements and plans to identify “coastal processes, resources or values” such as natural character “that are under threat or at significant risk from adverse cumulative effects”. The plans must then include provisions to manage those effects including setting thresholds where practicable.

Reclamation and infilling of coastal areas began with the first development of ports in the mid-1800s. Since then this activity, which has provided land for many of New Zealand’s coastal cities, has significantly reduced the natural character of the surrounding coastline and adjacent marine area. Policy 10 of the NZPCS 2010 addresses the issue of reclamation and infilling by discussing the appropriateness of any reclamation and requiring a clear identification of the purpose for which it is required. It requires reclamation to be avoided in the first instance and provides that it should only   occur if a number of criteria are met including that there is no practicable alternative method of providing for the activity and that it will provide significant regional or national benefit. Policy 10 also encourages the de-reclamation of redundant reclaimed land where it would restore natural character and provide for more public open space.

Last updated at 2:14PM on February 25, 2015