Presentation to the Real Estate Institute of New Zealand 28 October 2016

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1 Presentation to the Real Estate Institute of New Zealand 28 October 2016

2 Disclaimer This presentation provides a high level overview of specific parts of the Proposed Auckland Unitary Plan Decisions Version 19 August For further detail on the plan, please check the Unitary Plan website: nitaryplan/pages/home.aspx Or direct enquiry s to: unitaryplan@aucklandcouncil.govt.nz Or contact the customer services line at the various service centres through

3 What we will cover Overview Zones: Key provisions The Appeals

4 Quality compact city vision Key principles of Auckland Plan and Notified Proposed Auckland Unitary plan retained Quality compact Auckland Generational change and a transition to a quality compact form Most growth (jobs and homes) within existing urban areas A rural-urban boundary - staged release of greenfield land with timely infrastructure Decade by decade land supply that keeps up with population growth

5 Providing for Growth

6 Distribution of total feasible enabled residential capacity of Panel s recommended Unitary Plan

7 Areas of up-zoning between the Notified and Decisions Version of the Proposed Auckland Unitary Plan

8 Where we are now Auckland Council accepted the vast majority of the Independent Hearing Panel s recommendations 19 August Auckland Council issued the Decision Version of the Proposed Auckland Unitary Plan 16 September appeals closed (except for designations) Mid-November Auckland Unitary Plan ( Operative in Part )

9 Zones Key provisions Residential Business Rural

10 Residential zones A quality compact urban form Increased housing capacity and choice A quality built environment

11 Operative District Plans Focus on density rules to control character and intensity of development

12 Proposed Auckland Unitary Plan Decisions Version Simple zoning pattern No density controls in Mixed Housing Suburban, Mixed Housing Urban and Terraced housing and Apartment Building zone Focus on set of core development standards controlling building envelope and effects on adjoining properties coupled with design assessment for three or more dwellings

13 Residential zones include Minor Dwellings Single House zone Permitted Large Lot & Rural /Coastal Settlement consent required Integrated Residential Development A new category of development includes retirement villages

14 Terrace Housing and Apartment Building zone Objective of achieving an urban residential character, enabling terrace housing or apartment buildings of 5-7 storeys Applied to areas that are highly accessible adjacent to metropolitan, town and local centres and transport links All dwellings require resource consent No parking required Height 16m or as specified on the Unitary Plan viewer (i.e. the maps) 50% Building Coverage No density control -1,200m 2 min site area for vacant lot subdivision

15 Mixed Housing Urban zone Objective of achieving an urban residential character of up to three storeys Applied to areas with good access to transport and services, close to higher density residential, business zones and transport links Height 11m dwellings is permitted, 3 or more requires consent 45% Building Coverage No density control - 300m 2 min site area for vacant lot subdivision Low rise terrace housing Low rise apartments Detached dwelling

16 Mixed Housing Suburban zone Objective of achieving a suburban residential character up to 2 storeys Most widespread residential zone that provides a transition between the Mixed Housing Urban and Single House zone Height 8m dwellings is permitted, 3 or more requires consent 40% Building Coverage No density limit 400m 2 min site areas for vacant lot subdivision Attached/duplex dwellings Low rise terrace housing Detached dwelling

17 Single House zone Objective of maintaining and enhancing the amenity values of established residential neighbourhoods including (for example) those based on special character or spacious sites with large trees Objective of ensuring that development is in keeping with the neighbourhood s existing or planned suburban built character of predominantly 1-2 storey buildings Provides for minor dwellings and conversion of existing houses into two dwellings Height 8m % Building Coverage Density control of one dwelling per site - 600m 2 min site area for vacant lot subdivision

18 Special Character Overlay The Special Character Areas Overlay applies to most of the Single House zone Within the overlay resource consent is required for new buildings, additions and alterations Demolition of buildings may require resource consent Subdivision and development rules within the overlay override the rules that apply within the underlying Single House zone

19 Large Lot zone Applied in areas with physical constraints, ecological features, landscape qualities or infrastructure constraints Height 8m % building coverage or 400m 2 whichever is lesser 35% impervious surface areas or 1400m 2 whichever is lesser Density control of one dwelling per site m 2 min site area for vacant lot subdivision

20 Rural and Coastal Settlement zone Objectives seek to maintain a rural and coastal residential character and respond to infrastructure constraints. Zone expanded in decisions version Minor units provided for as RDA Conversion of existing dwelling is RDA More than one dwelling is NC Height 8m + 15 Density control of one dwelling per site m 2 min site area for vacant lot subdivision

21 Density & Minimum Site Size for Subdivision In the Mixed Housing and Terrace Housing and Apartment Building zones the minimum site size for subdivision encourages land use consent prior to subdivision In the Mixed Housing and Terrace Housing and Apartment Building zones the number of dwellings that can be built will depend on the bulk and location controls (Height, Height in Relation to Boundary, Coverage, Yards), vehicle access controls and site characteristics All subdivision must comply with general standards that address site size and shape, providing legal and physical access, servicing, overland flow paths and protecting existing vegetation Large Lot Rural and Coastal Single House Mixed Housing Suburban Mixed Housing Urban Terraced Housing & Apart. Bldgs Density One dwelling per site One dwelling per site One dwelling per site No density No density No density Vacant lot subdivision 4000m m 2 600m 2 400m 2 300m m 2

22 Parking No parking required in the Terrace House and Apartment Buildings zone Within the Mixed Housing Urban zone for dwellings with two or more bedrooms there is a minimum parking requirement of 1 per dwelling Within the Mixed Housing Suburban zone for studio or one bedroom dwellings there is a minimum parking requirement of 0.5 per dwelling (rounded down to the nearest whole number) Within the Mixed Housing Suburban zone for dwellings with two or more bedrooms there is a minimum parking requirement of 1 per dwelling Within all other residential zones there is a minimum parking requirement of 1 per dwelling

23 Business zones Strategy for commercial (i.e. retail and office) growth Encourage commercial activity in larger centres Enable commercial activity on Identified Growth Corridors Out-of-centre commercial activity can occur in other areas subject to satisfying certain criteria. Strategy for industrial growth Locate industrial land in appropriate areas Use it efficiently by limiting or preventing non-industrial activities

24 Centres City Centre Metro Centre CBD only Sub-regional centres Town Centre Suburban centres Local Centre Smaller centres Neighbourhood Centre Single stores / shopping strips

25 Mixed Use Zones Transition zone around centres and some corridors Mix of residential and employment generating activities But a mix within a site is not required

26 General and Business Parks General Business Zone Provides for large format retail Limited locations near centres and corridors Residential not provided for Business Park Zone Provides for existing office parks Office-type activities that have been grouped together Residential not provided for

27 Industrial Zones Heavy Industry Zone Low air quality area For activities that may produce objectionable odour, dust or noise emissions Sensitive activities generally prohibited or non-complying Light Industry Zone Medium air quality area For activities that do not generate objectionable effects, but less overall amenity Limited non-industrial activities

28 Building height in the Business zones Metro Town Local and Mixed Neighbourhood General and Business Park Heavy Light 72.5m unless otherwise specified in variation control As specified in variation control on the maps e.g. 13m, 18m, 21m, 27m and 27+ metres 18m unless otherwise specified in variation control 13m unless otherwise specified in variation control 16.5m unless otherwise specified in variation control 20m 20m unless otherwise specified in variation control

29 Rural zones Protect land with elite soils for food production Manage land with prime soils to enable rural production Enable rural production and associated activities while maintaining rural character, amenity, landscape and biodiversity values Protect rural areas outside of Rural Urban Boundary Prevent fragmentation of rural land Rural zones do not contribute to housing affordability and supply

30 Rural Production Zone Provide for a range of rural production, industries and commercial activities Maintain and protect productive capability of the land Mixed Rural Zone Enable mix of rural production, industries and commercial services Manage reverse sensitivity with respect to rural-lifestyle blocks Rural Coastal Zone Production activities enabled while protecting coastal environment and mana whenua cultural heritage values Rural lifestyle subdivision is limited

31 Rural Conservation Protect natural character, landscape and values of this zone Limited new development to that which maintains/enhances values of zone Buildings and structure are unobtrusive within the natural landscape Countryside Living Zone Enable lifestyle uses plus small scale production Maintain and enhance rural character, amenity values, water quality, ecological quality and historical heritage and infrastructure Activities shouldn t compromise adjacent zone purposes and existing infrastructure

32 Waitakere Foothills Zone Achieve objectives of the Waitakere Ranges Heritage Overlay Retain rural character (low density settlement and few urban) Provides rural and visual buffer between Auckland urban & forested ranges & coast Waitakere Ranges Zone Achieve objectives of the Waitakere Ranges Heritage Overlay Maintain and enhance forest character and landscape

33 Overlays and Precincts The planning controls that apply to a site can be modified through an overlay or precinct Important to check the address/area to determine if an overlay or precinct applies Common overlays that apply to residential properties include: Notable Tree Overlay, Volcanic viewshafts and Height Sensitive Areas Overlay, Historic Heritage Overlay, Significant Ecological Area Overlay, Sites and Places of Significance to Mana Whenua Overlay, National Grid Overlay

34 Appeals 65 Environment Court appeals (merit of the council s decision) 41 High Court appeals (points of law) 8 Judicial Review Cases (lawfulness of decisions)

35 Impact of Appeals Provisions can be made operative Provisions cannot be made operative High Court High Court Appeals Environment Court Appeals Judicial Review of Decisions Plan Provisions Subject of Points of Law Appeals Appealed Plan Provisions: rejection of a Panel recommendation; or accepted recommendations identified by the Panel as out of scope

36 Not Appealed Substantial parts of the Regional Policy Statement Almost all Auckland-wide rules (e.g. earthworks, subdivision, water quality, noise and lighting) Majority of overlay objectives, policies and rules Majority of zone objectives, policies and rules

37 Example of Appeals Character Coalition and Auckland 2040 Rezoning of properties notified Single House or Mixed Housing Suburban zone and on determination of scope Independent Maori Statutory Board Reinstate Sites of Value to Mana Whenua and Regional Policy Statement references to Maori cultural landscapes Forest and Bird Vegetation management, identifying Significant Ecological Areas and indigenous biodiversity, giving effect to NZ Coastal Policy Statement Okura Holdings Limited Okura Rural Urban Boundary (RUB) and zones Straights Protection Society Removing the RUB from Waiheke Island, failure to provide reasons Other appeals Site-specific matters and specific provisions in City Centre, residential zones, special character, urban growth, transport, land disturbance, notable trees, definitions

38 12 appeals received that seek relief to: Residential Appeals Number of dwellings where consent required in Mixed Housing Suburban and Mixed Housing Urban zones Activity status and policies for integrated residential development in Single House Zone Activity status for alternative height in relation to boundary standard Minimum dwelling size and front fence standards Application of Height in Relation to Boundary to front boundaries in Terrace Housing and Apartment Building zone Front, side and rear yard requirements in Large Lot zone Assessment criteria for infrastructure and servicing Application of Height Variation Control to existing retirement villages within Mixed Housing Suburban zone

39 Business Appeals Appeals include: Appeal to whole of Regional Policy Statement B2.5 Commercial and industrial growth to enable more commercial growth (retail, office and commercial services) outside of town centres, including growth on corridors Small number of appeals on specific rules Two site specific appeals to rezone land and allow for greater height

40 Parking Appeals Parking requirements in centres: Four appeals to reinstate the Independent Hearing Panel recommendation to apply minimum and maximum parking rates in the Metropolitan Centre, Town Centre, Local Centre and Mixed Use zones Council rejected this recommendation. Instead, the Proposed Auckland Unitary Plan Decisions Versions contains a maximum parking rate, but not a minimum parking rate, for retail and commercial services in these zones

41 Rural Appeals 10 appeals on rural subdivision Appeals seek deletion of council s alternative provisions and reinstatement of the Independent Hearing Panel s recommended provisions

42 Future Urban Zone Appeals Three appeals seeking to make subdivision in the zone a discretionary activity (as was recommended by the Panel) instead of non-complying

43 Questions?

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