Resource Management (Enabling Housing Supply and Other Matters) Amendment Bill

  • enacted

Schedule 1 New Schedule 3A inserted

s 15

Schedule 3A MDRS to be incorporated by relevant specified territorial authorities

s 77F

Part 1 General

1 Interpretation

(1)

In this schedule, unless the context otherwise requires,—

construction includes construction and conversion, and additions and alterations to an existing residential unitbuilding

density standard means a standard setting out requirements relating to building height, height in relation to boundary, building setbacks, building coverage, outdoor living space, outlook space, windows to streets, or landscaped area for the construction of a building

subdivision means the subdivision of land, as defined in section 218(1).

(2)

Terms used in this schedule that are defined in section 77E have the same meaning in this schedule as they do in that section.

(3)

Terms used in this schedule that are defined in the national planning standards have the same meaning in this schedule as they do in those standards.

2 Permitted activities

(1)

A relevant residential zone must allow as a permitted activity the construction and use of 1, 2, or 3 residential units on each site.

(1)

It is a permitted activity to construct or use a building if it complies with the density standards in the district plan (once incorporated as required by section 77F).

(2)

Each residential unit must comply with the building standards set out in Part 2.

(3)

There must be no other building density standards included in a district plan additional to those set out in Part 2 of this schedule relating to a permitted activity for a residential unit or building.

2A Subdivision as controlled activity

Subdivision requirements must (subject to section 106) provide for as a controlled activity the subdivision of land for the purpose of the construction and use of residential units in accordance with clauses 2 and 3.

3 Restricted discretionary activities

(1)

A relevant residential zone must allow as a restricted discretionary activity the activities referred to in subclause (2)(a) and (b).

(2)

The activities referred to in subclause (1) are

(a)

to construct and use more than 3 residential units on a site within a relevant residential zone (whether or not they comply with the building standards set out in Part 2); or

(b)

to construct and use 1, 2, or 3 residential units that do not comply with the building standards set out in Part 2.

A relevant residential zone must provide for as a restricted discretionary activity the construction and use of 1 or more residential units on a site if they do not comply with the building density standards in the district plan (once incorporated as required by section 77F).

4 Certain notification requirements precluded

(1)

An application for the construction and use of 1, 2, or 3 residential units that do not comply with 1 or more of the building standards in Part 2 must not be publicly notified.

(2)

An application for the construction or use of 4 or more residential units that comply with the building standards in Part 2 must not be

(a)

publicly notified; or

(b)

given limited notification.

(1)

Public notification of an application for resource consent is precluded if the application is for the construction and use of 1, 2, or 3 residential units that do not comply with 1 or more of the density standards (except for the standard in clause 9AA) in the district plan (once incorporated as required by section 77F).

(2)

Public and limited notification of an application for resource consent is precluded if the application is for the construction and use of 4 or more residential units that comply with the density standards (except for the standard in clause 9AA) in the district plan (once incorporated as required by section 77F).

(3)

Public and limited notifications of an application for a subdivision resource consent is precluded if the subdivision is associated with an application for the construction and use of residential units described in subclause (1) or (2).

4A Objectives and policies

(1)

A territorial authority must include the following objectives in its district plan:

Objective 1

(a)

a well-functioning urban environment that enables all people and communities to provide for their social, economic, and cultural wellbeing, and for their health and safety, now and into the future:

Objective 2

(b)

a relevant residential zone provides for a variety of housing types and sizes that respond to

(i)

housing needs and demand; and

(ii)

the neighbourhood’s planned urban built character, including 3-storey buildings.

(2)

A territorial authority must include the following policies in its district plan:

Policy 1

(a)

enable a variety of housing typologies with a mix of densities within the zone, including 3-storey attached and detached dwellings, and low-rise apartments:

Policy 2

(b)

apply the MDRS across all relevant residential zones in the district plan except in circumstances where a qualifying matter is relevant (including matters of significance such as historic heritage and the relationship of Māori and their culture and traditions with their ancestral lands, water, sites, wāhi tapu, and other taonga):

Policy 3

(c)

encourage development to achieve attractive and safe streets and public open spaces, including by providing for passive surveillance:

Policy 4

(d)

enable housing to be designed to meet the day-to-day needs of residents:

Policy 5

(e)

provide for developments not meeting permitted activity status, while encouraging high-quality developments.

Subdivision requirements

5 General subdivision requirements

Any subdivision provisions (including rules and standards) must be consistent with the level of development permitted under the other clauses of this schedule, and provide for subdivision applications as a controlled activity.

6 Further rules about subdivision requirements

Without limiting clause 5,

(a)

there must be no minimum lot size, shape size, or other size-related subdivision requirements for the following:

(i)

any allotment with an existing residential unit, if the subdivision does not increase the degree of any non-compliance with the building standards set out in Part 2:

(ii)

any allotment with no existing residential unit, or for which no existing land use consent for a residential unit has been granted, or (in the case of joint land use and subdivision applications) for which applications are being concurrently considered, if it can be demonstrated by the applicant for the resource consent

(A)

that it is practicable to construct on every allotment within the proposed subdivision, as a permitted activity, a residential unit; and

(B)

that each residential unit complies with the building standards set out in Part 2:

(b)

there must be no minimum lot size, shape size, or other size-related subdivision requirements for the subdivision of land around residential units if

(i)

they are approved under a land use resource consent; and

(ii)

no vacant allotments are created.

6 Further rules about subdivision requirements

Without limiting clause 5, there must be no minimum lot size, shape size, or other size-related subdivision requirements for the following:

(a)

any allotment with an existing residential unit, if

(i)

either the subdivision does not increase the degree of any non-compliance with the density standards in the district plan (once incorporated as required by section 77F) or land use consent has been granted; and

(ii)

no vacant allotments are created:

(b)

any allotment with no existing residential unit, where a subdivision application is accompanied by a land use application that will be determined concurrently if the applicant for the resource consent can demonstrate that

(i)

it is practicable to construct on every allotment within the proposed subdivision, as a permitted activity, a residential unit; and

(ii)

each residential unit complies with the density standards in the district plan (once incorporated as required by section 77F); and

(iii)

no vacant allotments are created.

7 Rules about common walls

For the purposes of clause 6(a)(i), if a subdivision is proposed between residential units that share a common wall, the requirements as to height in relation to boundary and set-back standards set out in Part 2 in the district plan (once incorporated as required in section 77F) do not apply along the length of the common wall.

Other matters

8 Other matters to be included in district plan in relation to MDRS

The relevant territorial authority must include the following information in relation to the MDRS within the district plan:

(a)

the enabling objectives and policies for the MDRS; and

(b)

a reference to relevant engineering standards applying in the relevant residential areas to which the MDRS apply.

Part 2 Building Density standards

9AA Number of residential units per site

There must be no more than 3 residential units per site.

9 Building height

Buildings must not exceed 11 metres in height, except that 50% of a building’s roof in elevation, measured vertically from the junction between wall and roof, may exceed this height by 1 metre, where the entire roof slopes 15° or more, as shown on the following diagram:

Building height
10 Height in relation to boundary

(1)

Buildings must not project beyond a 60° recession plane measured from a point 6 4 metres vertically above ground level along all boundaries, as shown on the following diagram. Where the boundary forms part of a legal right of way, entrance strip, access site, or pedestrian access way, the height in relation to boundary applies from the farthest boundary of that legal right of way, entrance strip, access site, or pedestrian access way.

Height in relation to boundary

(2)

This standard does not apply to—

(a)

a boundary with a road:

(b)

existing or proposed internal boundaries within a site:

(c)

site boundaries where there is an existing common wall between 2 buildings on adjacent sites or where a common wall is proposed.

11 Setbacks

(1)

Buildings must be set back from the relevant boundary by the minimum depth listed in the yards table below:

YardMinimum depth
Front2.5 1.5 metres
Side1 metre
Rear1 metre (excluded on corner sites)

(2)

This standard does not apply to site boundaries where there is an existing common wall between 2 buildings on adjacent sites or where a common wall is proposed.

12 Building coverage

The maximum building coverage must not exceed 50% of the net site area.

13 Impervious area

The maximum impervious area must not exceed 60% of the site area.

14 Outdoor living space (per unit)

(1)

A residential unit at ground floor level must have an outdoor living space that is at least 1520 square metres and that comprises ground floor, or balcony, patio, or roof terrace space that,—

(a)

where located at ground level, has no dimension less than 3 metres; and

(b)

where provided in the form of a balcony, patio, or roof terrace, is at least 8 square metres and has a minimum dimension of 1.8 metres; and

(c)

is accessible from the residential unit; and

(ca)

may be

(i)

grouped cumulatively by area in 1 communally accessible location; or

(ii)

located directly adjacent to the unit; and

(d)

is free of buildings, parking spaces, and servicing and manoeuvring areas.

(2)

A residential unit located above ground floor level must have an outdoor living space in the form of a balcony, patio, or roof terrace that

(a)

is at least 8 square metres and has a minimum dimension of 1.8 metres; and

(b)

is accessible from the residential unit; and

(c)

may be

(i)

grouped cumulatively by area in 1 communally accessible location, in which case it may be located at ground level; or

(ii)

located directly adjacent to the unit.

15 Outlook space (per unit)

(1AAA)

An outlook space must be provided for each residential unit as specified in this clause.

(1)

An outlook space must be provided from habitable room windows as shown in the diagram below. Where the room has 2 or more windows, the outlook space must be provided from the largest area of glazing.

Outlook space (per unit)

(2)

The minimum dimensions for a required outlook space are as follows:

(a)

a principal living room must have an outlook space with a minimum dimension of 34 metres in depth and 34 metres in width; and

(b)

all other habitable rooms must have an outlook space with a minimum dimension of 1 metre in depth and 1 metre in width.

(3)

The width of the outlook space is measured from the centre point of the largest window on the building face to which it applies.

(4)

Outlook spaces may be over driveways and footpaths within the site or over a public street or other public open space.

(4A)

Outlook spaces may overlap where they are on the same wall plane in the case of a multi-storey building.

(4B)

Outlook spaces may be under or over a balcony.

(5)

Outlook spaces required from different rooms within the same building may overlap.

(6)

Outlook spaces must—

(a)

be clear and unobstructed by buildings; and

(b)

not extend over an outlook space or outdoor living space required by another dwelling.

16 Windows to street

Any residential unit facing the street must have a minimum of 20% of the street-facing façade in glazing. This can be in the form of windows or doors.

17 Landscaped area

(1)

A residential unit at ground floor level must have a landscaped area of a minimum of 20% of a developed site with grass or plants, and can include the canopy of trees regardless of the ground treatment below them.

(2)

The landscaped area may be located on any part of the development site, and does not need to be associated with each residential unit.