National Policy Statement & Plan Changes
With the upcoming changes getting closer to the time of implementation, we all have the same questions. When will the changes to zoning gain weight? What can I do on my site once the new rules are operative?
The short answer is we do not know when all plan changes will become operative until the plan changes run through the plan change process (typically around two years). However, we do have an idea of what will happen on August 19th. From 19th of August 2022 the ‘permitted development’ changes, specifically the provisions to provide three new dwellings, three-lot subdivision and associated rules ‘as-of-right’, will have immediate legal effect from the 19th of August 2022 and can be used. This is big news if that fits in your development pathway.
The bigger changes, such as all the zones being ‘up zoned’ to a new (more intensive) zone should begin to gain weight from August 2022. What this will mean is you can submit a resource consent incorporating the new standards referencing the proposed zone changes and Council will take this change on as a part of their assessment and decision. As it is likely that all zones will be getting an uplift and more enabling standards (rules), from the 19th of August 2022 you should be able to push unitary parameters more across the board from late 2022 with the changes likely to become operative over the next 18-20 months.
The final part is the zones that are Mixed Housing Suburban or Single House are likely to be upgraded to Mixed Housing Urban or Terrace House and Apartment Building zone unless your area is in an area identified as a ‘Qualifying Matter’ (Heritage Area, area subject to infrastructure constraints etc). This is the big unknown, as there are a lot of moving parts in the process, and all will be revealed in August 2022. We think it will be likely that some of the changes are challenged through the formal Hearing process and those areas will not be accepted until the new year, as there will have to be a process to ensure these changes do not have a negative impact on their surrounding environments.
Below is a summary of the rule changes that will have immediate legal effect from August 19th, 2022, for up to three dwellings.
| Standard | NEW – Medium Density Residential Standard | OLD – Residential Single House Zone | OLD – Mixed Housing Suburban Zone | OLD – Mixed Housing Urban Zone |
|---|---|---|---|---|
| Maximum number of Dwellings (without resource consent) | Three dwellings | One dwelling | Three dwellings | Three dwellings |
| Maximum height | 11m + 1m for a pitched roof | 8m + 1m for a pitched roof | 8m + 1m for a pitched roof | 11m + 1m for a pitched roof |
| Height in relation to boundry | 4m high at the site boundry + 60° recession plane | 2.5m high at the site boundry + 45° recession plane | 2.5m high at the site boundry + 45° recession plane | 3m high at the site boundry + 45° recession plane |
| Setbacks (min depth) | 1.5m front yard, 1m side yard, 1m rear yard | 3m front yard, 1m side yard, 1m rear yard | 3m front yard, 1m side yard, 1m rear yard | 2.5m front yard, 1m side yard, 1m rear yard |
| Building coverage (max) | 50% net site area | 35% net site area | 40% net site area | 45% net site area |
| Outdoor living space (min) | 20m2 for houses at ground floor, a min dimension of 3m. 8m2 balcony/ patio/ roof terrace for houses with no ground floor, a min dimension of 1.8m. Accessible from unit. | N/A | 20m2 for houses at ground floor, a min dimension of 3m. 8m2 balcony/ patio/ roof terrace for houses with no ground floor, a min dimension of 1.8m. Accessible from unit. | 20m2 for houses at ground floor, a min dimension of 3m. 8m2 balcony/ patio/ roof terrace for houses with no ground floor, a min dimension of 1.8m. Accessible from unit. |
| Outlook space per unit (min) | 4m x 4m space from a principal living room. 1m x 1m from all other habitable rooms. | N/A | 6m x 4m space from a principal living room. 3m x 3m space from a principal bedroom. 1m x 1m from all other bedrooms. | 6m x 4m space from a principal living room. 3m x 3m space from a principal bedroom. 1m x 1m from all other bedrooms. |
| Windows to street | Min 20% glazing (windows and doors) on street facing facades. | N/A | N/A | N/A |
| Landscape area | Min 20% grass, plants or tree canopy coverage across ground level | 40% | 40% | 35% |