New Planning Rules – Auckland Council Publishes Intensification Plans

Auckland Council have set out within Plan Change 78 (Intensification) new planning rules in response to the requirements of Central Government’s National Policy Statement on Urban Development (NPS-UD) and amendments to the Resource Management Act (RMA).

The proposed changes represent the most significant shake-up of Auckland’s planning rules since the publication of the Unitary Plan itself, anticipating a greater scale and intensity of development – in particular, housing – across much of Auckland.

Four Central Themes of the Plan Change

1. Incorporation of Medium Density Residential Standards (MDRS) which when complied with allow the construction of up to three dwellings on a site without resource consent.
2. Introducing new intensification planning rules for resource consent applications which enable various increased levels of development in Auckland’s urban areas.
3. Changes to zoning focused on Auckland’s urban residential areas. The existing Single House and Mixed Housing Suburban zones are deleted with modified and larger Mixed Housing Urban and Terrace Housing and Apartment Buildings zones retained. A new Low Density Residential Zone is introduced where more limited intensification is envisaged.
4. Identification of ‘Qualifying Matters’ where specific characteristics and values require the level of intensification needs to be limited. The Council can only apply these matters where specific and strong evidence to justify an exemption exists.

7 Need to Knows

MDRS – what does it mean?

MDRS includes a set of density standards, subdivision rules and notification requirements for residential development to comply with in order to be a permitted. The below table summarises the density standards. Auckland Council are proposing additional standards which will be reviewed as part of the future Independent Hearings on the proposed changes.

[Insert Table]

 7 Medium Density Residential Standards Summarised – Read in full at RMA Schedule 3A

 Number of residential units per site (maximum) 3

 Building height (maximum) 11m + 1m for pitched roof

 Height in relation to boundary (maximum) 4m + 60° recession plane

 Setbacks (minimum) Front yard: 1.5m
Side and rear yard: 1m

 Building coverage (maximum) 50% of the net site area

  Outlook space (minimum) 4m x 4m from principal living area
1m x 1m from all other habitable rooms

 Outdoor living space (minimum) Ground floor units: 20m², minimum 3m x 3m  dimension
Above ground units: 8m², minimum 1.8m  dimension

 Window to street (minimum) 20% glazing on street-facing frontage

 Landscaped area (minimum) 20% landscaped area

MDRS – Where does it apply?

The plan change incorporates MDRS into the following residential zones:

• Mixed Housing Urban Zone (MHU).
• Terraced Housing and Apartment Building Zone (THAB).

The new rules apply to all parts of these residential zones that are not subject to a ‘qualifying matter’. MDRS is also introduced into the Low Density Residential Zone but is restricted, notably limiting height and density in these locations.

Some residential land in the Auckland region is exempt from MDRS, including the Large Lot and Rural and Coastal Settlement zones, Islands and small settlements of less than 5000 people.

MDRS – Does it apply now?

Auckland Council have identified that the government’s MDRS has immediate legal effect from the notification of the proposed plan change (18 August 2022) where the following criteria is met:

• Land is within an urban area and relevant residential zone in the Auckland Unitary Plan – MHU or THAB zones.
• Land is not within an area where ‘qualifying matters’ apply.
• Land is to be used for up to three houses.

Walkable Catchments and 6 Storeys

Auckland Council have identified walkable catchments – areas where buildings of at least 6 storeys are enabled through changes to the planning rules. These areas which fall within business and the residential THAB zone are defined as follows:

• a 15-minute walk (around 1200 metres) from the edge of the City Centre Zone.
• a 10-minute walk (around 800 metres) from the edge of the metropolitan centres and around existing and planned rapid transit stops.

All about the THAB Zone

The THAB zone is a focus of the proposed changes. Key proposed modifications in the zone include:

• Specific rules for areas within walkable catchments, notably increasing the current height standard from 16m to 21m. Changes to other rules including a more enabling height in relation to boundary rules and ‘amenity’ focused matters.
• Outside of walkable catchments the current height standard for buildings of 16m is retained but changes are proposed to height in relation to boundary rules and ‘amenity’ standards.

Qualifying Matters

‘Qualifying Matters’ are characteristics where intensification requirements being brought forward in the plan change are modified to protect or recognise a particular feature or quality. The majority of qualifying matters (where spatial) are shown on the plan change maps as overlays and controls. These include protecting sites and areas of heritage, cultural, special character, ecological significance, significant natural hazards or infrastructure constraints.

How significant are these changes?

Auckland Council have, within an Overall Evaluation Report of the proposed changes, provided an analysis of the impact on housing supply and choice within the residential zones identified.

The report identifies that the current Auckland Unitary Plan ‘plan capacity’ for these zones is an estimated 1.42 million dwellings – or 945,000 extra dwellings than is currently found in these zones.

The proposed NPS-UD and MDRS provisions (inclusive of qualifying matters) result in a substantial increase in ‘plan capacity’ across these zones. An estimated 2.39 million dwellings – or approximately 1.9 million extra dwellings than is currently found in these zones.

These estimates are based on a scenario where all sites are developed to the potential enabled by the relevant standards proposed and relate to the relevant residential zones affected by the proposed changes only. Whilst these changes would provide ‘plan capacity’ – future delivery and take-up of this capacity and new planning rules is clearly another question.

What’s Next, Maps and More Information

1. The proposed plan change has been publicly notified with the Council accepting submissions until the 29 September 2022. An independent hearings panel will then review all submissions and make recommendations on the proposed changes to the Auckland Unitary Plan.
2. The Auckland Council website includes a Map Viewer of the proposed zoning, walkable catchments and qualifying matter overlays.
3. The Council have provided extensive information in relation to the proposed changes and how to engage on the Plan Change – accessible HERE

For further information please contact Nick Pollard or Lucy Deverall