Overview of recent planning changes in NZ

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Auckland Council recently endorsed a draft plan change that will replace Plan Change 78.

Plan Change 78 was proposed to give effect the requirements of the National Policy Statement for Urban Development and apply the Medium Density Residential standards to the city. Amendments to the RMA were passed earlier this week that allow Auckland Council to withdraw PC78, subject to preparing and notifying a replacement plan change that will provide the same amount of housing capacity.

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This replacement plan change will also strengthen provisions related to natural hazards, including the “downzoning” of some properties at high risk of natural hazards.

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Key aspects of the replacement plan change include:

‍Changes to Natural Hazard Rules, Objectives and Policies:

• The new natural hazard rules will have immediate legal effects and therefore will apply to all current resource consent applications when the replacement plan change is notified and open for submissions, alongside the current operative AUP rules. The notified rules will apply until decisions on the plan change are made – at which time all rules in the plan change will apply.
• Where Council’s hazard mapping indicates the potential for a site to be subject to natural hazards, expert reporting will be required to determine the category of natural hazard risks associated with flooding, coastal inundation, coastal erosion and landslide.
  
  • Four flood risk areas are based on the depth and/or velocity of floodwaters during a 1% AEP event. CivilPlan’s engineers can assist with this assessment.
  • Three coastal erosion hazard areas and three coastal erosion hazard areas are based on different sea level rise scenarios, up to 1.5 m.
  • The methodology for determining three landslide hazard risk areas has not yet been released.
• Aspects of a proposed development will fall in one of four categories based on the potential sensitivity of the activities to natural hazards.
  
  • Activities sensitive to natural hazards includes residential activities and care centres.
  • Activities sensitive to natural hazards due to public health or pollution issues include manufacturing and waste management facilities.
  • Activities potentially sensitive to natural hazards includes most offices, retail, commercial services and community facilities.
  • Activities less sensitive to natural hazards includes parking and loading areas and recreation activities.
• A variety of policy responses will apply based on the combination of the activity’s sensitivity to natural hazards and the risk area the activity is proposed within. This includes strong direction for resource consent to be refused for the following:
  
  • Any activities in very high risk flood hazard areas.
  • Activities that are sensitive to natural hazards due to public health or pollution issues in high risk hazard areas.
  • Outside existing urbanised areas (which is undefined but expected to include greenfield development), activities that are sensitive or potentially sensitive to natural hazards in and any hazard area.
• Approval of resource consent for development in flood hazard areas will be reliant on demonstrating that safe egress can be provided during flood events from the property to a safe public place where assistance can be rendered, such as Civil Defense Centres.

Changes to Single House Zone:

• A significant decrease in the extent of Single House Zone is proposed. The Signle House Zone will now generally apply to sites subject to retained Special Character Overlays, sites near to the coast and sites subject to significant natural hazard risks.
• In some cases, sites subject to significant natural hazard risks have been “down zoned” to Single House Zone. These changes are based on Council’s GIS information, which may not accurately reflect actual hazard risk in some cases.
• The rules in the Single House Zone are generally unchanged.

Changes to Mixed Housing Suburban and Mixed Housing Urban Zone:

• There is a notable decrease in the extent of MHS zone and a notable increase in the extent of MHU zone. The MHU zone now applies across the majority of the city (similar to PC78), but the MHS is still provided in those parts of the city with more limited access to transport networks.
• All standards will be applicable regardless of the number of dwellings proposed, removing the concept of ‘core’ and ‘non-core’ standards.
• The MHS retains its existing height (two storeys), yards, height in relation to boundary and coverage standards.
• The MHU retains its existing height (three storeys), yards and coverage standards. However, the alternative height in relation to boundary standard will now become the default height in relation to boundary standard, and will not require resource consent to use.
• The definition of landscaped area is changing to exclude decks and areas of paving. As the minimum coverage metrics are not changed, this effectively means that greater areas of landscaping will be required.
• The changes to the outlook space standard and the introduction of standards for communal outdoor living spaces, windows to streets and accessways, deep soil areas, privacy buffers and residential waste management that were proposed as part of PC78 continue to be proposed, with some minor changes.

Changes to Terrace Housing and Apartment Buildings Zone

• There is a significant increase in the extent of THAB zone, focused around rapid transit stations, high frequency bus routes and metropolitan, town and local centres.
• A hierarchy has been given to rapid transit stations, with the highest tier stations having a height limit of 50 m(providing for 15 storeys) and the middle tier stations having a height limit of 34.5 m (providing for 10 storeys).
• The default height limit for the THAB zone is increased to 22 m, providing for six storeys.
• A height in relation to boundary of 20 m and 60 degrees will generally apply. 8 m and 60 degrees will apply for parts of sites more than 21.5 m from a road and not within a walkable catchment of a rapid transit station or a metropolitan centre. This significantly more enabling that current rules.
• In addition, new standards for buildings over 22 m in height will require 6 m setbacks from site boundaries, 18 m setbacks from zone boundaries, 20 m deep outlook spaces (for principal living areas) and a maximum building cross-sectional dimension of 38 m. These rules will significantly limit the ability to build above 22 m height on smaller sites in THAB zones.
• Like the MHU and MHS zones, additional landscaping will be required to meet the revised definition of landscaped area and the various new and amended standards from PC78 also apply.
• Small-scale offices, dairies, restaurants and cafés are provided for at ground floor level throughout the THAB zone.

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In September, Council will decide whether to proceed with this plan change or continue with Plan Change 78. It is anticipated that the plan change will be notified in October and open for submissions until the end of the year.

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CivilPlan’s approach to change

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CivilPlan is available to provide advice on the impacts to your proposal as a result of this plan change – particularly the new natural hazard rules – can assist with preparing a submission on the plan change to ensure that your development is not unfairly impacted.

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