A Tightening of Controls. Electricity generating works ie. solar farms, wind turbines and battery storage.
The Proposed RU3 zone is not a philosophical overhaul like RU1 or RU2, but a technical update with significant regulatory implications.
Key Outcomes:
1. Strategic Control over Roads: The requirement for consent for roads is the single most important change. It empowers planners to manage the environmental footprint of forestry operations directly.
2. Streamlined Legislation: Focusing the “as-of-right” use on the core *Forestry Act* and *Local Land Services Act* simplifies the regulatory framework.
3. Supporting Infrastructure Recognised: The zone pragmatically allows for the utilities and services (`Electricity generating works ie. solar farms, wind turbines and battery storage`, `Sewage systems`) that are claimed to be needed for modern, potentially more intensive forestry operations or associated `Rural industries`.
4. Maintained Exclusionary Character: By keeping the list of permissible non-forestry uses very short and specific, the zone continues to strongly resist diversification into tourism, agriculture, or residential uses, maintaining its primary purpose.
In essence, the proposal modernises the RU3 zone to give planning authorities a stronger hand in managing the environmental and spatial impacts of forestry (especially via roads) while providing a clearer framework for necessary supporting infrastructure and value-adding industries.
Overall Shift
* Current: A highly permissive zone for forestry operations, with a limited list of other compatible uses, and an explicit prohibition on Agritourism.
* Proposed: A more narrowly defined and controlled forestry zone. It reduces the “as-of-right” forestry uses, clarifies permissible supporting uses, and removes the blanket ban on other development, replacing it with a more conventional permissive/prohibited structure.
Key Changes & Their Implications
1. Objectives of Zone: Unchanged
The core objectives remain identical, signaling that the *purpose* of the zone is not changing, but the *mechanism* for achieving it is being refined.
2. Drastic Reduction in “Permitted Without Consent”
* Current: Includes `Roads` and `Uses authorised under the Plantations and Re-afforestation Act 1999` in addition to the main forestry acts.
* Proposed: Only `Uses authorised under the Forestry Act 2012 or under Part 5B (Private native forestry) of the Local Land Services Act 2013`.
* Implication:
* Roads: This is a major change. The construction of **roads now requires development consent**. This gives the planning authority significant control over the location, standard, and environmental impact of new roads within forestry areas, which is a critical tool for managing erosion, water quality, and habitat fragmentation.
* Plantations Act: The removal of this act from the “without consent” list suggests its operations will now likely require consent or may be covered under the broader “rural industries” or other categories. This streamlines and centralises control under the primary forestry legislation.
3. Complete Overhaul of “Permitted with Consent”
The list of compatible uses has been almost entirely replaced, reflecting a more modern and infrastructure-focused approach.
* Removed Uses: `Agriculture; Animal boarding/training; Extractive industries; Open cut mining; Flood mitigation works` (moved to PwC in other zones, but likely considered less compatible here).
* New/Retained Uses:
* Retained: `Aquaculture` remains, suggesting it is still seen as compatible.
* New Infrastructure: `Electricity generating works; Sewage reticulation systems; Water supply systems`. This allows for essential utilities to support forestry operations and potentially other compatible development.
* New Services: `Emergency services facilities; Environmental protection works`.
* New Industry: `Rural industries` – a broad category that could include sawmills, timber processing, or other value-adding related to forestry.
* Re-categorised: `Roads` moved here from “without consent”.
* Recreation: `Water recreation structures` is a new addition, potentially allowing for limited recreational use of dams or water bodies within forestry land.
4. Rationalisation of the “Prohibited” Clause
* Current: Explicitly prohibits `Agritourism` and uses a catch-all “Any other development not specified…”
* Proposed: Uses a standard, simpler catch-all: `Any development not specified in item 2 or 3`.
* Implication: The explicit ban on Agritourism is removed. Whether agritourism could now be considered depends on its interpretation. It does not neatly fit the new “Permitted with Consent” list, so it would likely be captured by the prohibited clause unless argued as a component of a `Rural industry` or another use. This change removes a specific policy stance but likely maintains a *de facto* prohibition through the narrow permissible list.
Comparison Table: Key Shifts in RU3
| Aspect | Current RU3 | Proposed RU3 | Implication |
|---|---|---|---|
| Core Forestry Ops | Permitted without consent under 3 separate Acts. | Narrowed to the two main forestry Acts only. | Centralises control |
| Roads | Permitted Without Consent. | Permitted With Consent. | Major increase in control. Council can now regulate forestry road networks for environmental/landscape impacts. |
| Other Industries | Allows `Agriculture`, `Extractive industries`, `Open cut mining`. | Replaces with `Rural industries`. | Shifts focus to forestry-linked processing (`Rural industries`), while removing seemingly incompatible uses like open-cut mining. |
| Infrastructure | Limited mention. | Explicitly adds energy, water, sewerage utilities. | Recognises the claimed need to service forestry and any future compatible development. |
| Agritourism | Explicitly Prohibited. | Implicitly Prohibited** (via catch-all clause). | The policy intent to exclude tourism remains, but the blunt instrument is replaced by the zone’s narrow focus. |
| Flexibility | Very limited list of other uses. | Slightly more flexible list focused on supporting infrastructure and industry. | Allows for a more integrated forestry operation with on-site processing and so-called ‘renewable’ utilities. |