4.2.4 Subdivision

The following provisions form part of the district plan.
1. Activity table
The following tables specify the activity status of subdivision activities in all zones.
Activity table 1 – Auckland-wide 

Activity

Activity status

Lease in excess of 35 years of a building or part of a building where a cross-lease, company lease or unit title is not involved  P
Conversion of cross-lease to fee simple titles  C
Amendments to a cross-lease, including additions and alterations to buildings, accessory buildings and areas for exclusive use by an owner or owners  C
Cross leases, company leases, unit titles and strata-title subdivision  C

Subdivision of land with two zonings or subdivision along an undefined boundary 

RD
Subdivision establishing esplanade reserves and esplanade strips RD
Subdivision of land within the 100-year ARI floodplain RD
Subdivision of land subject to hazards such as flooding, coastal erosion, subsidence and contamination as identified in a LIM D

Subdivision of land with infrastructure (water and wastewater) capacity limitations 

D

Activity table 2 – Business, City Centre, Public Open Space and Residential zones

Activity

Activity status

Subdivision for a network utility

P

Boundary adjustments of less than 10% of the net site area

C

Subdivision around existing buildings

C

Subdivision in accordance with an approved land use resource consent

C

Creation of fee simple sites

RD

Activity table 3  – Future Urban zone

Activity

Activity status

Amendments to a cross-lease, including additions and alterations to buildings, accessory buildings and areas for exclusive use by an owner or owners

C

Boundary adjustments of less than 10% of the net site area

RD

Subdivision for a network utility

RD

Any subdivision not listed in this table

Pr


Activity table 4  – Ferry Terminal, Marina, Minor Port, Special Purpose Airport, Cemetery, Defence, Healthcare Facilities, Major Recreational Facilities, Quarry and Retirement Village zones

Activity

Activity status

Subdivision for a network utility

P

The amalgamation of two or more sites entirely within the Cemetery zone P

Boundary adjustments of less than 10% of the net site area

RD

Creation of vacant sites

D

Activity table 5 –  Rural zones

Activity

Activity status

 Subdivision for public open space and reserves  D
 Subdivision for a network utility  D
 Boundary adjustment  D
 Road severances  D
 Transferable rural site subdivision  D
 All subdivision in the Countryside Living Zone, Mixed Rural Zone and Rural Production Zone  D
 Any subdivision not listed in this table  Pr

Activity table 6 – Any other zone not mention in the activity tables 1 to 5 

Activity

Activity status

Subdivision

D

2.1 General controls
The following controls apply to all subdivision that is a permitted, controlled and restricted discretionary activity. Where the following standards are no met, the infringements shall be assessed as a discretionary activity.

1. Framework plans
a. Where a Framework Plan has been approved, all subsequent subdivision including the location and layout of:
i. roads and access
ii. public open space
iii. infrastructure
iv. density and site size/design
v. any environmental protection or restoration areas
must be in accordance with that approved Framework plan.

2. Site size and shape
a. All sites must meet the minimum size and shape factor requirements specified for each zone.

3. Access
a. Every site, other than those created for reserves, road closure, or to be amalgamated with another site, must be provided with legal and physical access to a road.

4. Services
a. All proposed sites capable of containing a building, or in the case of cross-leases or unit titles each building, must be designed and located so that provision is made for individual:
i. treatment and disposal of stormwater 
ii. treatment and disposal of wastewater 
iii. water and  electricity supply.
2.2 Staging
1. Where a subdivision is to be carried out in stages, the applicant must advise council of this at the time they apply for the first subdivision consent and indicate:
a. the time period over which the development is likely to take place. 
b. the area of land subject to the different proposed stages.

2. Approvals in terms of s. 223 and 224 of the RMA for each stage will only be given when the council is satisfied that all conditions applying to that stage have been met and the balance of the area being subdivided is an allotment that complies with the provisions of this Unitary Plan.
2.3 Esplanade reserve and esplanade strips
1. Where any subdivision, including the creation of an allotment of 4ha or more, is proposed of land abutting the MHWS, or bank of a river subject to tidal influence 3m or more in width, or any lake, the survey plan must provide for a minimum 20m wide esplanade reserve or an esplanade strip.

2. Any esplanade reserve or an esplanade strip must be measured in a landward direction from MHWS, bank of a river, stream or margin of any lake.

3. Where land is adjacent to a river and an esplanade reserve is to be taken or set aside, the width of the esplanade reserve or strip will be measured from the bank of the river.

4. A reduction in width or any request to waive the esplanade reserve or esplanade strip requirement will be assessed as a discretionary activity.

5. A replacement of an esplanade reserve requirement with an esplanade strip no less than 20m wide will be assessed a discretionary activity.
2.4.1 Permitted activity controls
1. Lease of a building or part of a building where a cross-lease, company lease or unit title is not involved
a. The subject building must be lawfully erected.
b. All buildings or future buildings must comply with s. 224(f) of the RMA.
c. The boundaries of the allotments created by these provisions must follow existing or proposed walls, ceilings and floors, and the plan shows the allotments in relation to the exterior of the building and gives upper and lower elevations in terms of a datum to be established.
d. Each lease area must have either frontage to a legal road or allows for access through common areas to a legal road. 
e. All contributions must be paid.

2. Subdivision for a network utility
a. The network utility must be a permitted activity and/or have all necessary resource consents or notices of requirements approved.
b. The balance lots must comply with the relevant Auckland-wide and zone rules.
2.4.2 Controlled activity controls
1. Boundary adjustment less than 10 per cent of the net site area
a. Each site must not change by more than 10 per cent in net site area.
b. The subject titles prior to the boundary adjustment are contained within the same zone.
c. All service connections to services and, where relevant, on-site infrastructure must be located within the boundary of the site it serves, or have access provided by easement.
d. Where applicable under s. 230 of the RMA, any esplanade reserve requirement is provided for on the survey plan.

2. Conversion of cross-lease titles to fee simple titles
a. All sites must comply with relevant Auckland-wide and zone rules and be in accordance with an approved resource consent or existing use rights, which is to be demonstrated by the applicant.
b. Development must be in accordance with an approved building consent or Certificate of Compliance.
c. All service connections to services and, where relevant, on-site infrastructure must be located within the boundary of the site it serves, or have access provided  by easement.

3. New and amendments to a cross-lease, including additions and alterations to buildings, accessory buildings and areas for exclusive use by an owner or owners, and company leases, unit titles and strata unit title subdivisions
a. All buildings:
i. must have existing use rights, demonstrated by the applicant; or
ii. comply with the relevant Auckland-wide and zone rules; or
iii. must be in accordance with an approved resource consent.
b. All building or future buildings must comply with s. 224(f) of the RMA.
c. All areas to be set aside for the exclusive use of each building or unit must be shown on the survey plan, in addition to any areas to be used for common access or car parking or other such purpose.
d. Subdivision consent affecting a building or any part of a building, any proposed covenant, unit or accessory unit boundary, must not result in any infringements of any relevant Auckland Wide and Zone rules.
e. When any building included in the application has not been constructed or is under construction, the council will not approve the survey plan under s. 223 of the RMA until the building is completely framed, up to and including the roof level, and the council is satisfied it has been built in accordance with the relevant Auckland-wide and zone rules or any approved resource consent. 
g. Car parking spaces must be created as accessory units or common areas when associated with an approved use or activity. Car parking spaces must not be created as principal units.

4. Subdivision in accordance with an approved resource consent
a. Any subdivision relating to an approved resource consent must comply with that consent, including all conditions and approved plans.

5. Subdivision around existing buildings
a. All buildings:
i. must have existing use rights, demonstrated by the applicant; or
ii. comply with the relevant Auckland-wide and zone rules; or
iii. must be in accordance with an approved resource consent.
b. Subdivision must not result in any existing buildings ceasing to comply with the relevant Auckland-wide and zone in relation to the new boundaries created, except where
i. any part of the land to be subdivided is to be permanently set aside as an area of common use. Such an area must be taken into account, proportionate to the number of sites which it serves, in assessing compliance with building coverage controls. 
2.4.3 Restricted discretionary activity controls
1. Subdivision of land with two zonings 
a. The subdivision design must comply with the respective zone controls where the sites are located entirely within one zone.
b. Where the proposed sites are located over two zones, the development must comply with the zone covering the greatest proportion of the proposed site area.

2. Subdivision of land within the 100-year ARI floodplain
a. The council will not grant consent for subdivision where any of the land is likely to be subject to material damage by inundation from any source, or any use subsequent to the subdivision likely to accelerate, worsen, or result in material damage to that land or other land, except where:
i. the application is for a boundary adjustment between sites that are already built on and will not create additional building sites or change the use of the sites; or
ii. any proposed site has an adequate building platform, whether constructed or not, that will not be affected by any inundation. 

b. The design of a subdivision must ensure that roads and accessways:
i. are designed so that maximum depth of floodwater during a 100-year ARI flood event does not exceed 200mm or a velocity of 2m/second over the lowest part of the road or accessway.
ii. incorporate a primary stormwater system designed to adequately and safely transmit storm flows having an 10-year ARI
iii. where necessary, be designed as a secondary flow path to transmit storm flows exceeding the 10-year ARI value within the road boundary.
c. Each site which is to contain a residential building must be able to wholly contain a square of 8m x 15m and a building with a finished floor level at least 500mm above any 100-year ARI floodplain and which is clear of any overland flow path.
e. An appropriate mechanism must be put in place to maintain the natural functioning of the 100-year ARI floodplain and ensure there is no further encroachment into the floodplain by additional buildings, structures and land modification. 
f. Where specific forms of construction may be required to limit hazard risks, consent notices in terms of s. 221 of the RMA may be used to warn present and future owners of the specific limits or forms of construction that may be required.
2.5 Controls for activities in particular zones
Any subdivision not meeting the following standards will be assessed an discretionary activity unless otherwise specified.
2.5.1 Controls for fee simple subdivision in Residential zones
1. Site size for vacant sites
a. Site sizes for vacant sites must comply with the net site areas specified in the table below.

Table 1. Minimum net site area for vacant sites
 Zone Minimum net site area for a fee simple vacant site
 Single House 500m2
 Mixed Housing 300m2
 Terrace Housing and Apartment Building 1200m2 with a minimum frontage of 20m
 Large Lot Residential 4000m2
 Coastal and Rural Settlement (un-serviced) 4000m2

b. any subdivision not meeting the minimum site areas shall be assessed as an non-complying activity.

2. Site shape factor
a. To demonstrate the proposed site can accommodate a building all vacant sites must accommodate the following:
i. a rectangular area measuring 8m by 15m which must be located outside any of the following:
  • any natural hazard area identified in a council natural hazard register/database or GIS viewer and/or any 1 per cent annual exceedence probability floodplain and/or ponding areas 
  • slopes greater than an average of 1 in 5 
  • any scheduled trees 
  • any SEA or ONF or ONL overlay 
  • any scheduled historic heritage place or site of significance to Mana Whenua
  • network utility installations, including private lines 
  • building line restrictions in the Unitary Plan 
  • right-of-way easements 
  • an area of esplanade reserves and esplanade strips required by  the Unitary Plan 
  • any yard setback 
  • any separation distance from national grid transmission lines 
  • any riparian, lake or coastal protection yard.

ii. access that meets the requirements of the Unitary Plan.

3. Rear sites
a. On a site greater than 1ha only 5 per cent of the total number of lots proposed may be rear sites.
b. For the purposes of this rule, a site served by a rear lane with a frontage to that lane of a minimum of 7m is considered a front site.
c. Rear lanes must be accessed at both ends directly from a road.

4. Access to rear sites
a. A maximum of five rear sites can be served by a single jointly owned access lot or right-of-way easement.
b. Vehicular access to sites for residential purposes without direct vehicular access to a formed legal road must be by way of an entrance strip, jointly owned access lot or right-of-way easement over adjoining land or by a combination of these, provided the total width and other dimensions of the access complies with the following:
i. access controls:

Total number of sites served  1
 2-3 4-5
Minimum legal width  3.0m  4.5m  6.5m
Minimum formed width  2.5m  2.5m  5.5m
Separate pedestrian access1  NA  1.2m  1.5m
Service strip  0.5m  1.2m  1.5m
Maximum length  50m  100m  100m
Passing bay  N/A Intervals not exceeding 50m Intervals not exceeding 50m
Maximum gradient  1 in 5
Minimum vertical clearance from buildings or structure  4.5m
Minimum inside turning radius for bends  6.5m

1Pedestrian access can be used as a service strip.
2.5.2 Controls for fee simple subdivision in Business and City Centre zones
1. New vacant sites in the City Centre and Business zones
a. Where any subdivision is proposed on a vacant site, all proposed lots must comply with the following standards:
Standard City Centre Metropolitan Centre
Town Centre Local Centre Neighbourhood Centre
Minimum lot size 200m2 200m² 200m² 200m² 200m²
Minimum frontage 10m for sites over 2000m2 10m for sites over 2000m2 10m for sites over 2000m2 n/a n/a
Shape factor Each site is capable of containing a rectangle with an area equal to half the area of the site where the longer sides are no greater than twice the length of the shorter sides

Carriageway width for entrance strips/rear lots    5.5m  5.5m  5.5m  5.5m

Standard Mixed Use
Mixed Use Business Business Park  Light Industry Heavy Industry
Minimum lot size  200m²  200m²  1000m²  2000m²  5000m²
Minimum frontage  n/a  n/a  10m  20m  20m
Shape factor Each site is capable of containing a rectangle with an area equal to half the area of the site where the longer sides are no greater than twice the length of the shorter sides
Carriageway width for entrance strips/rear lots  5.5m  5.5m  5.5m  6.5m  6.5m

b. Rear sites
No more than 20 per cent of vacant lots created can be rear lots.

c. Site shape area
All vacant sites must be able to contain a building which complies with standards of the zone while avoiding
i. any natural hazard area identified in a council natural hazard register/database or GIS viewer and/or any 1 per cent annual exceedence probability floodplain and/or ponding areas 
ii. slopes greater than an average of 1 in 5 
iii. any scheduled trees 
iv. any significant ecological area or outstanding natural features or landscapes overlay
v. any scheduled historic heritage place or site of significance to Mana Whenua
vi. network utility installations, including private lines 
vii. building line restrictions in the Unitary Plan 
viii. right-of-way easements 
ix. an area of esplanade reserves and esplanade strips required by the Unitary Plan 
x. any yard setback 
xi. any separation distance from national grid transmission lines 
xii. any riparian, lake or coastal protection yard.

2. Car parking areas 
a. Where car parking spaces are permitted in association with a development or required as part of a development where resource consent has been obtained and any such development is subdivided under the Unit Titles Act, the car parking spaces identified as accessory units must be held together with the principal units, or alternatively, form a part of the common property. 
b. Any car park spaces identified as a principal unit must be tied to the approved use by way of a legal instrument on the title. 
c. Discretion may be applied where specific approval has been granted by resource consent for shared car parking with other development within the same precinct. 

3. Signage 
a. Where signs have been approved on a building with resource consent and the development is subdivided under the Unit Titles Act, they must not be created as principal units on the survey plan. The sign can be identified as an accessory unit or alternatively form a part of the common property
2.5.3 Controls for subdivision in Rural zones
General Controls for Rural zones
The following controls apply to all subdivision in the rural zones

1. Specified building area
A Specified Building Area must be shown on every site on a scheme plan of subdivision on which a dwelling is anticipated. 

The Specified Building Area must meet the following standards:
a. It must be large enough to enable a dwelling of at least 2000m2 GFA including its accessory buildings to be erected within it.
b. It must provide for a curtilage of at least 3000m2.
c. It must enable the dwelling and its accessory buildings to comply with all applicable yard standards.
d. It must be the only place within the site where dwellings, their accessory buildings, and related car parking and manoeuvring areas can be located. 
e. It must be recorded on a consent notice attaching to the title to the applicable site.

2. Protection and enhancement of ecological values
a. All subdivision plans, excluding boundary adjustments, must show any of the following features that exist on, or on the boundary of, the land being subdivided:
i. any areas of indigenous vegetation within the significant ecological area overlay 
ii. wetlands
iii. all rivers, lakes and streams 
iv. a 10m-wide riparian strip around all rivers, lakes, streams, and wetlands
b. The applicant must provide an assessment of whether any of the features identified in (a) above exist. The assessment must be undertaken by a suitably qualified and experienced person.
c. To give effect to objectives and policies that promote protection of valuable natural features, council may attach conditions of subdivision consent that require protection of any of the features identified in the assessment. Such conditions may include requiring a consent notice to be attached to the applicable certificates of title to ensure the conditions are legally enforceable. 
d. A consent notice that gives effect to protection of natural features may require the certificate of title owner to be responsible for:
i. fencing off or otherwise permanently excluding livestock from the feature and any appropriate buffer around it
ii. monitoring the condition of the feature, and sending the monitoring results to council
iii. effectively managing pests and weeds
iv. providing appropriate access to any sites of significance to Mana Whenua
v. providing for cultural harvest by Mana Whenua in accordance with tikanga Māori, if the site is significant to Mana Whenua, or if it is to be controlled by a public authority.
3. Transferable site subdivision process

a. Explanation of the process:
i. The transfer of the residential development potential of rural sites from one location to another through the subdivision process is called a ‘transferable rural site subdivision’.
This process may be carried out in either of two ways:
  • Amalgamating two existing sites in a rural zone, and transferring the development potential of the lost site to land in another location by subdividing a new site there, or
  • Permanently protecting indigenous vegetation in one location and subdividing a new site in a Countryside Living zone.
ii. The sites being amalgamated are referred to as ‘donor sites’.
iii. The site containing the indigenous vegetation being protected is referred to as a ‘donor site’.
iv. The site being subdivided to create an additional site is referred to as a ‘receiver site’.

b. Transferable Rural Site Subdivision process

Amalgamation of two donor sites and subdivision of a receiver site into two new sites. Protection of indigenous vegetation or wetland and subdivision of a receiver site into two new sites.
Step 1. Identify:
a. Two donor sites abutting each other, one of which is vacant and not required.
b. One receiver site for every two donor sites in an identified Countryside Living zone (or other identified receiver site location) capable of being subdivided into two new sites.

Step 1. Identify:
a. An area of indigenous vegetation or wetland (the donor site) located within a Significant Ecological Area and not already subject to legal protection.
b. A receiver site in an identified Countryside Living zone

Step 2. Apply to Council:
a. To amalgamate the two donor sites into one new site.
b. To subdivide the receiver site into two new sites.

Step 2. Apply to Council:
a. To permanently protect the indigenous vegetation growing on the donor site.
b. To subdivide the receiver site into two new sites.
Step 3. subdivision consent granted. Step 3. subdivision consent granted.
Step 4. Compliance with consent conditions
a. Carry out any work required by conditions of subdivision consent.

Step 4. Compliance with consent conditions 
a. Carry out any work required by conditions of subdivision consent.
Step 5. Apply to the District Land Registrar to:
a. Issue one new certificate of title in place of the original donor sites.
b. Issue two new certificates of title for the new sites created from the receiver site.
Step 5. Apply to the District Land Registrar to:
a. Attach a protection mechanism to the donor site.
b. Issue two new certificates of title for the new sites created from the receiver site.

Note: the process is the same if more than two donor sites are amalgamated, or if more than one block of qualifying indigenous vegetation or wetland is protected.
4. Controls for transferable rural site subdivision

a. All transferable rural site subdivision shall comply with the following

Controls for transferable rural site subdivision through amalgamation of donor sites Controls for transferable rural site subdivision through legal protection of indigenous vegetation or wetland within a Significant Ecological Area
Before amalgamation, all donor sites must:
1. Be located within any one or more of the following identified donor areas:
a. Rural Production zone.
b. Mixed Rural zone.
c. Rural Coastal zone.
d. Rural Conservation zone.

2. Not be comprised of part or all of a closed road or road severance.

3. Have a minimum net site area of one hectare.

4. Either:
a. Be separately recorded on the Council Valuation Roll and exist when the application is made; or
b. Be shown on an approved scheme plan of subdivision which would, if given effect to, create certificates of title that could be used under these rules

5. For every two donor sites being amalgamated, include at least one site which does not contain a dwelling.

6. Contain a safe building platform on which a dwelling could be erected under the Unitary Plan as a permitted activity or if in the Rural Coastal zone a restricted discretionary activity.
All areas of indigenous vegetation or wetland proposed to be legally protected, must:
1. Be located within any one or more of the following identified donor areas:
a. Rural Production zone.
b. Mixed Rural zone.
c. Rural Coastal zone.
d. Rural Conservation zone.

2. Be located within a Significant Ecological Area overlay.

3. Be located on a site that contains a safe building platform on which the erection of a dwelling is provided for as a Permitted Activity or Restricted Discretionary Activity.

4. Not already be legally protected by a protection mechanism attached to the certificate of title to the site.

5. Be located on a site whose boundaries are in the same location they were in on the date of public notification of the Unitary Plan.
Following amalgamation:
1. Every two donor sites must:
a. Be redefined as a single certificate of title.
b. Be rescinded in such a way that replacement titles cannot be re-issued.
2. The remaining sites must be made subject to a memorandum of encumbrance to the effect that:
a. Records that the residential development rights attaching to the land have been used to create a transferable rural site subdivision under the Unitary Plan.
b. The site cannot be further subdivided other than by amalgamation with another certificate of title.
c. May state that the allotment has no further potential to be used for this purpose.

All applications shall include:
1. A management plan that:
a. Specifies the protective measures proposed to ensure the indigenous vegetation or wetland and buffer area remains protected in perpetuity.
b. Specifies any enhancement measures proposed to be carried out within or adjacent to the indigenous vegetation or wetland proposed to be protected.
c. Has been prepared by a suitably qualified and experienced person.
Following amalgamation of donor sites, land in an identified receiver area may be subdivided. The only identified receiver areas are:
1. Land in the Rural Production zone except for land shown as a “Receiver Site Exclusion Area”.
2. Land in the Mixed Rural zone.
3. Land in the Countryside living zone.
4. Land in the following rural and coastal villages:
i. To be identified.
The legal protection mechanism shall:
1. Enable council to enforce it.
2. Protect all the indigenous vegetation or wetland and wetland buffer existing on the site at the time the application is made, even if this means protecting vegetation or a wetland larger than the minimum qualifying area.
3. Protect a minimum qualifying area of contiguous indigenous vegetation or wetland of at least:
a. For wetland, 0.5ha plus a 20m buffer area around the wetland.
b. For indigenous vegetation, 5ha.
c. For areas of threatened ecosystems or threatened species, 3ha.
4. Require
a. Permanent protection of the site.
b. Implementation of the management plan.
c. Permanent exclusion of all livestock.
d. The indigenous vegetation to be maintained in perpetuity, including carrying out pest control measures.
e. The consent holder to meet the full cost of complying with the above terms.
The following are not identified receiver areas:
1. Land in any other zone or place.
2. Land within any Outstanding Natural Character overlay.
3. Land within any High Natural Character overlay.
4. Land within any Outstanding Natural Landscapes overlay.
5. Land within any Significant ecological Areas overlay.
6. Land within any “Receiver Site Exclusion Area”
7. Land identified at Mahurangi West. (Note: this area yet to be mapped).
8. Land within any RUB area of investigation.
Following legal protection of the indigenous vegetation or wetland and wetland buffer areas, land in an identified receiver area may be subdivided. The only identified receiver areas are:
1. Land in the Countryside living zone.
2. Land in the following rural and coastal villages:
i. To be identified.
Sites being subdivided in an identified receiver area must:
1. Have a minimum net lot area of:
a. 2ha, if located in an identified receiver area other than the Countryside Living zone, or
b. Comply with the applicable minimum net lot area for subdivision if located in the Countryside Living zone. (Refer table setting out minimum net lot areas).
2. Leave the balance lot with a minimum net lot area of 1ha.
3. Meet all the applicable Auckland-wide subdivision rules.
4. Comply with the general rules for subdivision in the applicable zone, with the exception of the minimum net lot area and minimum average net lot area.
5. Other than in the Countryside Living zone, contain no elite or prime land. The applicant shall commission a detailed Land Use Capability (LUC) soil assessment. This must be prepared by a suitably qualified and experienced person.
6. Must be made subject to a condition of subdivision consent that requires the subdivision plan creating the receiver site or sites to be deposited after and not before the plan of subdivision for the amalgamation of donor sites has been deposited

The following are not identified receiver areas:
1. Land in any other zone or place.
2. Land within any Outstanding Natural Character overlay.
3. Land within any High Natural Character overlay.
4. Land within any Outstanding Natural Landscapes overlay.
5. Land within any Significant ecological Areas overlay.
6. Land within any “Receiver Site Exclusion Area”
7. Land identified at Mahurangi West. (Note: this area yet to be mapped).
8. Land within any RUB area of investigation.
In the Rural Production zone only, no more than one receiver site may be subdivided out of an existing site. Sites being subdivided in an identified receiver area must:
1. Have a minimum net lot area that complies with the applicable minimum net lot area for subdivision if located in the Countryside Living zone or a rural or coastal village. (Refer table setting out minimum net lot areas).
2. Meet all the applicable Auckland-wide subdivision rules.
3. Comply with the general rules for subdivision in the applicable zone.
4. Must be made subject to a condition of subdivision consent that requires the subdivision plan creating the receiver site or sites to be deposited after and not before the protective covenant has been legally attached to the title containing the covenanted indigenous vegetation;
as applicable.
Amalgamation of donor lots may be used to create receiver lots in the Rural Coastal, Rural Production, Countryside Living, or Mixed Rural zones only. Protecting indigenous vegetation or wetland may be used to create receiver lots in the Countryside Living zone or identified rural or coastal village only.

b. Transferable rural site subdivisions that do not comply with these controls shall be a Non-Complying Activity
5. Boundary adjustments
a. All boundary adjustments shall comply with the general subdivision section and:
i. the adjustment does not exceed 10% of the original site area.
ii. Minimum site area of all sites following boundary adjustment: 2ha.
b. Any activity that does not comply with the standards for boundary adjustments shall be considered a non-complying activity.
6. Subdivision in the Countryside Living zone

a. Minimum area
i. Unless otherwise stated:
  • the minimum average net site area of all residential sites following subdivision shall be calculated per scheme plan
  • the minimum net site area, and minimum average net site area of all residential sites following subdivision will be as stated in the following table, or as stated in an applicable precinct.

For the purpose of the table below:
N/A means the transferable rural site subdivision mechanism is not available in the particular Countryside Living zone. Sites shall not be transferred in to these parts of the Countryside Living zone.

Location of Countryside Living zone Minimum net site area and minimum average net site area without transferable rural site subdivision
Minimum net site area and minimum average net site area with transferable rural site subdivision
Wellsford
Kaukapakapa
Helensville
Minimum: 2ha
Minimum average: 1ha
Minimum: 8000m2 .
Minimum average: 1ha
Matakana
Warkworth
Kumeu/Huapai
Paremoremo Valley
Albany Heights
Paremoremo
Schnapper Rock
Greenhithe
Minimum: 2ha
Minimum average: 1ha
N/A
Algies Bay Minimum: 2ha
Minimum average: 1ha

Minimum: 800m2
Minimum average: 1ha
Wainui Minimum: 2ha
Minimum average: 3ha

Minimum: 1ha
Minimum average: 3ha
Puhoi
Parakai – Helensville
Waimauku (Hinau Road/School Road)
Waimauku (Taylor Road)
Okura
Minimum: 2ha
Minimum average: 2ha
N/A
Stillwater
Dairy Flat
Redvale
Coatesville
Riverhead
Minimum: 2ha
Minimum average: 2ha
Minimum: 8000m2 
Minimum average: 1ha
Mangere – Puhinui incl. heritage area
Whitford (not within Precinct)
Minimum: 2ha
Minimum average 4ha

N/A
Papakura Minimum: 1ha
Minimum average: 1ha

N/A
Runciman Road Minimum: 2ha Minimum: 8000m2 
Minimum average: 1ha
Point Wells
Omaha Flats

Minimum: 5000m2
Minimum average: 7500m2
NA

b. Specified building area
i. Every site on which a dwelling could be erected must contain a specified building area which must be shown on the plan of subdivision. Where the site contains an existing dwelling at the time the subdivision application is made, the specified building area must include the existing dwelling, or indicate that the dwelling will be removed from the site altogether, or relocated to the specified building area for that site.
ii. Every specified building area must be:
  • no less than 2000m2 
  • provide a stable, flood-free platform for buildings
  • located clear of all yards
  • clearly marked on the scheme plan of subdivision
  • the only area in which future dwellings and accessory buildings and related car parking and manoeuvring areas can be located.
iii. Minimum frontage for all sites intended for rural lifestyle use: Front sites: 15m. Rear sites: 6m.
iv. site created for any purpose other than countryside living must demonstrate the site shape and site can accommodate the proposed activity.

c. Any subdivisions that do not comply with these controls shall be a Non-Complying Activity
7. Subdivision in the Mixed Rural and Rural Production zones 

a. Minimum site area 
i. Minimum site area: 150ha
3.1 Controlled activities
3.1.1 Matters of control
The council will restrict its control to the matters below for the activities listed as controlled in the activity table:

Matters of Control
Boundary Adjustments
Cross leases, company leases and unit titles Subdivision around existing buildings and/or in accordance with a resource consent
The requirements of an approved framework plan (if applicable)  X  X  X
The design, size, shape, gradient and location of any site    X  X
The design, safety, location, construction, staging of any driveway, manoeuvring areas, roads, and other legal access    X  X
 Location of existing buildings, access, and manoeuvring and private open space.  X  X  X
 Compliance with a resource consent including its conditions.      X
 Protection, restoration and enhancement of natural or cultural landscape, heritage or archaeological features.  X  X  X
 The provision, location, design, capacity, connection, upgrading, staging and integration of infrastructure.  X  X  X
 Effects on regionally significant infrastructure networks  X  X  X
 Avoidance or mitigation of natural or man-made hazards  X  X  X
 The location of sites in proximity to high voltage transmission lines.  X  X  X
 Use of easements, encumbrances or other legal mechanisms.  X  X  X
The provision, design, purpose and location of any reserve, esplanade reserves and strips  X    X
3.1.2 Assessment criteria
1. The assessment criteria below apply to the activities listed as controlled in the activity table.

Assessment Criteria
Boundary Adjustments
Cross leases, company leases and unit titles Subdivision around existing buildings and/or in accordance with a resource consent
1. Subdivision should implement the provisions of any relevant Framework plan
 X  X  X
2. Where provided, the layout and pattern of roads and blocks should: 
i. maximise connections and access to the roads network and community focal points, such as parks, schools and community centres 
ii. be oriented to maximise opportunities for solar gain to the site and any subsequent buildings except where limited by topographical constraints
     X
3. Subdivision should provide vehicle access, manoeuvring areas, roads and other legal accesses designed to maintain the safety of pedestrians, cyclists and other road users.    X  X
4. Subdivision should ensure compliance with any relevant resource consent including its conditions  X  X  X
5. Subdivision should result in lots of a usable shape and size that can accommodate development in accordance with relevant Auckland Wide and Zone rules  X X  X
6. Subdivision should have regard to existing development and maintain or provide new infrastructure connections and access.  X  X  X
7. Subdivision should be designed to protect, restore and enhance natural or cultural landscape, heritage or archaeological features present on a site  X X  X
8. Sites should be adequately serviced for infrastructure including stormwater, wastewater and water supply  X  X  X
9. Subdivision should provide for the management of stormwater and wastewater  X  X  X
10. The design and layout of subdivision on land that may subject to a hazard should: 
i. avoid or remedy the relevant hazard 
ii. avoid the potential for future damage to property or infrastructure or risk to life resulting from any hazard event 
iii. account for the geotechnical constraints that may exist; and 
iv. give regard to the land being physically suited to the proposed development, having considered topography, stability, proximity to waterways and high voltage transmission lines, the possibility of inundation from flooding and the extent to which the proposal includes setbacks 

X X X
11. Where contaminants have been identified as being present:
i. appropriate remediation works can be undertaken to satisfactorily deal with any potential adverse effects on human health
ii. mitigating measures can be adopted to deal with any potential effects of undertaking these works. 

 X  X  X
12. Subdivision should provide coordinated and appropriately designed and located infrastructure and servicing consistent with the standards and specification that meet the requirements of Auckland Transport and Watercare as well as any relevant Code of Practice.

 X  X  X
13. Subdivision should include appropriate legal mechanisms where it is necessary to protect infrastructure access and other appropriate features

 X  X  X
14. Boundary adjustments should enable a more efficient and effective use of land X    
15. All buildings must comply with s. 224(f) of the RMA   X  
16. Where reserves are provided, they should meet the following: 
i. provide a variety of recreation opportunities 
ii. be of a sufficient size for the proposed uses and density of the subdivision 
iii. be in a location to provide a neighbourhood focal point 
iv. be bounded entirely by public roads where possible. Where a road boundary is not practical, the lot layout should ensure that the fronts of houses face onto the reserve across driveways/lanes 
v. be designed for safety 
vi. incorporate natural features including streams and vegetation.
     X
3.2 Restricted discretionary activities
3.2.1 Matters of discretion
1. The council will restrict its discretion to the matters below for the activities listed as restricted discretionary in the activity table.

 Matters of discretion Subdivision which will create 4 additional sites
Subdivision which will create an between 5 and 15 additional sites Subdivision which will create over 15 additional sites
Framework Plan      
1. The requirements of an approved framework plan                     X                                  X                    X
 Neighbourhood, blocks and roads      
2. The integration of the site with its surrounding neighbourhood.  X  X  X
3. The layout of blocks    X  X
4. Road layouts and connections to adjoining roads and sites    X  X
5. Provision of, and linkages to, public and active transport routes, including pedestrian access and cycle paths/lanes    X  X
6. Solar orientation of blocks and sites  X  X  X
7. Integration with landform and site characteristics  X  X  X
8. The design, safety, location, construction, staging, of access, car parking, onsite-manoeuvring areas, roads, intersections and other legal access  X  X
 X
9. The diversity of site sizes    X  X
10. The provision for on road car parking      X
11. The staging of subdivision      X
 Site Design      
12. The ability to provide for future development which will comply with the Unitary Plan and/or any resource consent.  X  X  X
13. The orientation, design, size, shape, gradient and location of any site, building platform, or shape factor  X  X  X
14. Location of existing buildings, access, and manoeuvring and open space   X  X  X
 Access      
16. Location of existing buildings, access, and manoeuvring and open space.
 X  X  X
17. The design, safety, location construction of access, car parking, onsite-manoeuvring areas.  X  X  X
 Cultural and natural features      
18. Protection, restoration enhancement of significant natural or cultural, heritage or archaeological features  X  X  X
 Reserves      
19. The provision, design, purpose and location of any reserve, esplanade reserve or strip.  X  X  X
 Infrastructure and servicing      
20. The provision, location, design, capacity, connection, upgrading, staging and integration of infrastructure  X  X  X
21. The size shape and location of sites where storm, waste and potable water are to be managed on-site.  X  X  X
22. The vesting of infrastructure  X  X  X
23. Implementation of a relevant Integrated Catchment Management Plan or network discharge consent.  X  X  X
24. The management of stormwater, including: 
i. the location, design, capacity, integration and appropriateness of infrastructure 
ii. flooding, overland flow paths and sub-surface water 
iii. stormwater detention, quality and disposal 
iv. use of water sensitive design techniques 
v. staging
vi. vesting of infrastructure.
 X  X  X
25. Effects on regionally significant infrastructure networks  X  X  X
Site suitability      
26. Within the 100-year ARI floodplain: 
i. design of development
ii. treatment of overland flow paths
iii. treatment of natural stream systems
iv. use of water sensitive design approaches
v. on-site retention of stormwater where needed; and de-compaction of soils.
 X  X  X
 27. Avoidance or mitigation of natural or man-made hazards.  X  X  X
 28. The location of lots in proximity to high voltage transmission lines.  X  X
 X
 29. The extent, location and management of earthworks and associated site works.  X  X
 X
 30. Identification of any existing or potential contamination, and site remediation.  X  X  X
 Legal mechanisms      
 31.  Use of easements, consent notice, encumbrances or other legal mechanisms  X  X  X
3.2.2 Assessment criteria
1. The assessment criteria below apply to the activities listed as restricted discretionary in the activity table.

 Assessment Criteria  Subdivision which will create 4 additional sites
 Subdivision which will create an between 5 and 15 additional sites Subdivision which will create over 15 additional sites
Framework Plan      
1. Subdivision should implement the provisions of any relevant approved framework Plan  X  X  X
2. Subdivision should create site(s) which are of a suitable size, location and dimension to facilitate the development of a centre, high density housing or other relevant requirement of an approved framework plan    X  X
3. Infrastructure, including roads, and open space must be provided in accordance with an approved framework plan      X
4. Any opportunities identified in the an approved framework plan to protect or enhance natural features, such as vegetation, must be incorporated into the subdivision  X  X  X
 Neighbourhood, blocks and roads    X  X
5. The layout and design of roading and blocks should maximise the ability to provide front lots    X  X
6. The layout and pattern of roading networks and blocks should maximise convenient, direct and legible connections and access to arterial and collector roads, bus routes, schools, reserves, centres and other community focal points    X  X
7. Connection and integration with the surrounding neighbourhood and other sites should be provided through road or pedestrian access    X  X
8. Subdivision should be designed and laid out to reflect the planned function of the road within the roading hierarchy    X  X
9. Roads should be aligned north/south to establish blocks and site layouts that are oriented east/west to enable future dwellings and associated open space to derive maximum possible benefit from solar gain from low-level winter sun and minimum solar gain from high-level summer sun, except where topographical constraints apply. Shape factor for each site should demonstrate a future dwelling and open space achieves maximum solar gain    X  X
10. Provide safe pedestrian and cycle routes    X  X
11. Subdivision should provide linkages to existing cycling and pedestrian routes and the surrounding road network    X  X
12. Rear lanes which are connected and integrate into the road network should be used to reduce the need for rear lots. Rear lanes should be of a suitable design and dimension to accommodate servicing and vehicles                                    X                    X
13. Subdivision should provide for mitigation measures within the existing road network to address any significant increase in traffic volumes  
 X
14. Blocks should be of a scale, length and shape to achieve a connected road layout with a choice of routes    X  X
15. Other than balance sites, all residential front sites in residential subdivisions where the parent site size is greater than 1ha must have a width (including street width) to length ratio 1:1.5 or greater. The ratio will be determined by measuring from the midpoints along the site’s width and length      X
16. Layouts should maintain and enhance public access to and along the coastal marine area, lakes, and rivers    X  X
 Site Design      
17. Sites should front onto, and be accessed directly from, a legal road. Rear lots should be avoided unless there are topographical constraints.    X  X
18. Subdivision should ensure suitable pedestrian and vehicle access and manoeuvring can be achieved  X  X  X
19. Subdivision should provide a mix of lot sizes consistent with the proximity of the site to centres, reserves, facilities and public transport. In Residential zones, larger lots should generally be located furthest from reserves and centres and smaller lots closer to the location of existing buildings, access, and manoeuvring and open space       X
20. Sites should be designed to be accessed from the southernmost point of the road boundary where the roads are oriented north-north    X  X
21. Corner sites should be designed to maximise opportunities to create private outdoor space on-site without the need for high front fences    X  X
22. Apart from corner sites, sites should generally have a single road frontage. This will avoid sites unable to address all frontages positively.    X  X
23. The shape factor and its layout should provide appropriate:
i. lot size and proportion
ii. building and outdoor living areas that will maximise benefit from solar gain
iii. access, manoeuvring and car parking of vehicles, including garaging
iv. infrastructure services

 X  X  X
24. In the Large Lot and Rural and Coastal Settlement Zones subdivision should be designed to minimize visual impacts on the landscape. Sites and roads should be located and designed to minimise effects on topographical features and avoid the removal of  protect vegetation or vegetation within a Significant Ecological Area.  X  X  X
 Access      
25. Subdivision should achieve an attractive streetscape appropriate to the location and character of the neighbourhood.
   X  X
26. Vehicle access and vehicle crossing should be designed to ensure safety of all road users.  X  X  X
27. Vehicle access and jointly-owned access lots should be designed to ensure safe movement of pedestrians and vehicles. Driveways serving over five sites should be avoided.  X  X  X
28. Subdivision should establish roads and intersections appropriate for pedestrian and cyclist use, the anticipated traffic volumes, roading context and desired traffic speeds    X  X
29. The position of any on-street car parking bays should take account of the likely position of driveway crossings      X
30. Cul-de-sacs should be avoided. They should only be used where connected roading patterns are not possible because of topography or other natural features. Where cul-de-sacs are provided, they should be short in length, straight and include pedestrian links to other roads where possible.    X  X
31. Where an interconnected road network is not possible, pedestrian and cycle links that are wide, short in length, observed, landscaped and accessible should be provided      X
32. Pedestrian and cycle links should run along the fronts of lots if possible, the sides where necessary, and not the rear of lots      X
 Cultural and natural features      
33. Subdivision should:
• retain existing vegetation where it contributes to the future desired character of the area.
• protect, restore and enhance natural waterbodies, riparian margins and other ecological sites and corridors
• protect and enhance cultural heritage
 X  X  X
34. Subdivision should respond to identified topographical features, characteristics and landscape patterns, creating local identity  X  X  X
35. Except where the cultural feature is a building, sites containing cultural and natural features should be a sufficient size to provide for a building platform separated from the feature  X  X  X
 Public Open Space      
36. Reserves and public open spaces should: 
i. demonstrate good design principles and practices 
ii. integrate with the surrounding open space network 
iii. be physically suitable for the intended function.
 X  X  X
37. Public access to public open space should be secured in perpetuity.    X  X  X
38. The open space administering body should have provided written advice that a proposed open space is acceptable for addition to the public open space network.  X  X  X
39. Clear sightlines into all areas of reserves should be available from public roads or nearby dwellings.  X  X  X
40. Whether the site because of its size or location, provides opportunities to provide a recreation reserve  X  X  X
41. An esplanade reserve or strip greater than 20m wide may be required where:
a. there is a potential increased demand for recreational use  
b. the area is required to assist in the protection of conservation values particularly to:
i. maintain or enhance the natural functioning of the adjacent waterbody 
ii. maintain or enhance water quality or aquatic habitats
iii. protect the natural values associated with the reserve
c. access to an existing or possible future reserve or strip can be enhanced
d. the additional area is required to mitigate effects of natural hazards

 X  X  X
42. Council may, with the consent of the landowner, enter into an agreement to covenant or to acquire an easement for an access strip where it is desirable to: 
a. enable public access to an esplanade reserve which otherwise would be land-locked; or 
b. to create a network linking esplanade reserve with public road or other public space.

 X  X
 X
43. Where a subdivision is a boundary adjustment, consideration to the esplanade reserve requirement will include: 
a. the particular effects and circumstances of the proposed subdivision 
b. the intended or potential use of the resulting allotments 
c. the need for an esplanade reserve on the particular sites involved as assessed by the purpose of esplanade reserves.

 X  X  X
 Infrastructure and servicing      
44. Subdivision should provide coordinated and appropriately designed and located infrastructure and servicing consistent with the standards and specification that meet the requirements of Auckland Transport and Watercare as well as any relevant Code of Practice.  X  X  X
45. Where subdivision takes place on un-serviced land, proposed site should be of appropriate size, shape and location to manage wastewater on-site. Consideration should given to:
• soil type
• topography
• Location of water bodies
• type of waste management system
• intensity of development
 X  X  X
46. Where necessary, subdivision should upgrade existing infrastructure to accommodate the additional lots  X  X  X
47. Subdivision should provide for the appropriate management of wastewater.  X  X  X
48. Subdivision should provide for the appropriate management of stormwater, including treatment, detention and disposal as relevant  X  X  X
49. Subdivision should have regard to the recommendations of an Integrated Stormwater Catchment Management Plan or an approved network stormwater discharge consent  X  X  X
50. Drainage reserves should:
• be integrated into the layout of the subdivision and neighbourhood, including reserve and pedestrian links
• be designed to fit in with the surrounding landscape and appear as a natural component of the overall setting.
     
Site suitability      
51. The design and layout of subdivision on land that may subject to a hazard should:• avoid or remedy the relevant hazard
• avoid the potential for future damage to property or infrastructure, or risk to life resulting from any hazard event
• account for the geotechnical constraints that may exist
• give regard to the land being physically suited to the proposed development, having considered topography, stability, proximity to waterways and high voltage transmission lines, the possibility of inundation from flooding, and the extent to which the proposal includes setbacks

 

 X  X  X
52. Whether, in instances where contaminants have been identified as being present:
• appropriate remediation works can be undertaken to satisfactorily deal with any potential adverse effects on human health
• mitigating measures can be adopted to deal with any potential effects of undertaking these works
 X  X  X
 Legal mechanisms      
53.  Subdivision must include appropriate legal mechanisms where it is necessary to protect infrastructure, access and other appropriate features  X  X  X
4. Special information requirements
A design statement is required for the activities specified in the table below. The design statement is required to include as a minimum the matters indicated within the table as set out in clause 4.1.17.3.2. Drawings, illustrations and supporting written explanation should be proportionate to the complexity and significance of the development proposal. Refer to the ADM for guidance on the preparation of design statements.
 Activity

Creation of fee simple lots in all Residential zones
Creation of fee simple lots in the General Business, Light Industry, Mixed Use and Business Park zones
Creation of fee simple lots in the City Centre, Metro Centre, Neighbourhood Centre and Local Centre zones
Creation of fee simple lots in the Countryside Living, Mixed Rural and Rural Production zones and transferable rural site subdivision
 Number of lots  5-15 lots  15+ lots  All lots  All lots  All lots
 A. CONTEXT ANALYSIS
 1. Site analysis
 a. Existing site plan X X X X
 b. Streetscape character X X X X
 2. Neighbourhood analysis
 a. Natural and cultural environment X  X X X X
 b. Movement X X X X
 c. Neighbourhood character1 X  X X X X
 d. Use and activity
X X X
 e. Urban structure X  X  X  X
 3. Opportunities and constraints analysis
 a. Opportunities and constraints diagram X  X X X X
 B. DESIGN RESPONSE
 a. Concept design X  X X X X
 b. Proposed site plan X  X X X X
 c. Proposed elevations
 


 d. Shadow diagrams

 


 e. Landscape2

X X X
 f. Street design
X  X X X X
 g. Urban structure
X X  X X X
 h. Public open space
X  X  X  X

1. Where the site is located within a Historic Heritage or Historic Character overlay.
2. Where the subdivision includes the creation of public streets, reserves or the protection and enhancement of vegetation.