District Plans …and how to use them

1. District Plans…and how to use them Philip Brown 4 October 2013

2. What is a District Plan? A set of rules and policies to manage the effects of land use activities on people and the environment.

3. Why have a District Plan? A requirement of the RMA Manage the effects of activities on the environment Manage incompatible land uses Encapsulates the community’s vision Provides a tool for achieving the purpose of the RMA

4. District Plan Format District Plans are comprised of three distinct parts: Policy section Rules section Maps section All parts have legal status

5. Policy Section Statement of the District Plan’s approach to the management of effects on natural and physical resources Identifies the significant resource management issues of the district Sets out the key strategic policy platforms (e.g. urban consolidation, environmental protection)

6. Rules Section Rules have the force of law Each rule should address a different effect Should link back to achieving policy direction Also includes assessment criteria

7. Activity Classes Rules will classify activities into one of six activity classes: Permitted activities; Controlled activities; Restricted discretionary activities; Discretionary activities; Non-complying activities; and Prohibited activities.

8. Maps Section Shows the extent of ‘zones’ used to manage land use activities and separate incompatible uses Maps identify locations of protected items and special features

9. How to use the Plan Take a methodical approach and always work in the following order: Maps Rules Policies

10. Step by Step Use the following sequential methodology: Identify the site on the hard copy or electronic copy of the District Plan maps; Note the zoning and any other features that apply to the site; Find the rules for the particular zone, from the Rules Section of the Plan;

11. Step by Step Determine which rules apply to your proposal; Determine the activity status; Does it need a resource consent (any activity status other than a permitted activity); Review any assessment criteria and policies

12. 145 Cornwallis Road, Cornwallis - development of a visible second storey addition (9.5m in height) and removal of two Kauri trees from an otherwise cleared garden Example

13. Verify the property – using GIS database Site Identification

14. Auckland Council website – district and regional plans Online District Plan

15. Auckland Council District Plan – Waitakere Section - Maps Maps Section

16. District Plan – Waitakere Section – Maps – Human Environment Maps Human Environment Maps

17. Maps – Human Environment Maps – Coastal Villages Environment Zoning

18. District Plan – Waitakere Section – Maps – Natural Area Maps Natural Area Maps

19. Maps – Natural Area Maps – Coastal Natural Area – Sensitive Ridge Natural Areas

20. Map information Coastal Villages Environment Coastal Natural Area Sensitive Ridge – Natural / Moderate

21. Auckland Council District Plan – Waitakere Section - Rules District Plan Rules

22. District Plan – Waitakere Section – Rules – Human Environment Rules Human Environment Rules

23. Rules – Human Environment Rules – Coastal Villages Environment Coastal Villages Environment

24. Coastal Villages Environment Rules – Building Location Building Location Rule

25. Coastal Villages Environment Rules – Building Location Controlled Activities

26. Coastal Villages Environment Rules – Building Location Limited Discretionary Activities

27. Coastal Villages Environment Rules – Building Location Discretionary Activities

28. Coastal Villages Environment Rules – Building Height Building Height

29. Coastal Villages Environment Rules – Building Height Discretionary Activities

30. Coastal Natural Area Rules – Vegetation Alteration Coastal Natural Area

31. Activity Status Stocktake Resource consent is required as: Visible building on a sensitive ridge (discretionary activity) Exceeds maximum building height (discretionary activity) Removal of two Kauri trees where clearance already over 500m2 (non-complying activity)

32. Sensitive Ridge Photo courtesy Melean Absolum Limited

33. Sensitive Ridge

34. District Plan - Policy Section and Rules Section Policies and Assessment Criteria

35. How to use the Plan - Recap Identify the site on the maps and note the zoning and any special features Review the rules for the zone, determine which rules apply, and determine the activity status Consider the relevant policies and assessment criteria

36. The Auckland Council’s Unitary Plan 4 October 2013 Philip Brown

37. What is it? A combination of regional and district rules A single plan for (almost) the entire Auckland region Predominantly an ‘e-plan’ Can be viewed on the Auckland Council website

38. What is it? The biggest statutory plan development project in NZ’s history Intended to be simple, bold and innovative A proposed plan, released for public submissions until end of February 22,700 submissions received on draft

39. How is it Structured? In the traditional way, with zoning maps, objectives, policies, rules, designations, definitions, and other provisions Also has a number of overlays, which may apply in addition to the zoning Overlays include precincts to protect and safeguard local character or environmental quality

40. How to use it? The Plan has a helpful planning enquiry tool

41. The Maps

42. The Overlays

43. Key policy platforms Integration of land use and transportation Creation of a quality, compact city Accommodating growth Protection of the natural environment, heritage and character Economic development Centres-based retail and office location

44. Residential Zones Five residential zones: Terrace Housing and Apartment Buildings (four storeys) Mixed Housing (200m2 / 300m2) Single House (500m2) Large Lot (4,000m2) Rural and Coastal Settlement (4,000m2)

45. Business Zones Ten business zones: Neighbourhood, Local, Town, Metropolitan and City Centre zones Mixed Use, General Business and Business Park zones Light and Heavy Industry zones

46. Other Zones Notable other zones: Six coastal zones Five rural zones Four public open space zones Special Purpose, Strategic Transport Corridor and Road zones

47. Growth Planning Makes provision to accommodate one million additional people by 2040 70% of that growth inside the current urban area and 40% outside 56% of residential land provides for intensification

48. Growing Pains Intensification that is enabled is controversial Resistance from communities will be a major political issue Some potential issues around infrastructure capacity and provision of community facilities

49. Divided Views “Auckland’s Unitary Plan takes a sledgehammer to decades of agreed zoning and the property rights of Aucklanders” (Mark Donnelly, NZ Herald, 15 April 2013) “We want a compact city served by decent public transport including trains. Auckland can’t go on eating up the countryside.” (Eye on Auckland blog entry, 12 April 2013)

50. Key Question Do current decision-makers have the right to limit growth through the Unitary Plan, or should the Plan simply provide for the growth in a managed way?