PART 3 - REGIONAL AND DISTRICT RULES

•to manage the effects of land use and development 

•to encourage the efficient use and development of natural and physical resources 

•to maintain and enhance the quality of the environment 

•to ensure appropriate development on land subject to natural hazards 

•to prevent and mitigate adverse effects associated with hazardous substances 

•to control the subdivision of land 

•to control the emission of noise and to mitigate the effects of noise 

•to maintain and enhance amenity values. 

•permitted activities 

•controlled activities 

•restricted discretionary activities 

•discretionary activities 

•non-complying activities 

•prohibited activities. 

•the adverse effects of the proposed development are minor, or

•the proposed development is not contrary to the objectives and policies of the Unitary Plan.

1.enable the use of land for a public work or infrastructure

2.restrict land, water, subsoil, or airspace where this is necessary for the safe or efficient functioning or operation of a public work or infrastructure

3.require written approval of the requiring authority responsible for the designation before a third party can undertake an activity within the designation.

•resource consent has already been granted under s. 9 (1) (a) of the RMA

•the use has existing use rights under ss. 10-10B or s. 20A of the RMA

•the use is provided for by s. 4 (3) of the RMA. This subsection applies to the work and activity of the crown within areas of land held or managed under the Conservation Act 1987

•the use is a public work or project or work undertaken by a requiring authority under a designation. 

•activities within the CMA listed in s. 12 of the RMA

•activities within the beds of lakes and rivers listed in s. 13 of the RMA

•taking, using, damming or diverting any water or using any heat or energy from any water (s. 14 of the RMA) 

•discharging contaminants to air, land or water (s. 15 of the RMA) 

•land use consent 

•subdivision consent 

•coastal permits 

•water permits 

•discharge permits. 

•pre-application meetings with the council

•checking the adequacy of the information supplied with an application for consent 

•reviewing the assessments of effects on the environment

•deciding whether the application should be notified or not

•if required, arranging notification, receiving submissions, and arranging pre-hearing meetings and hearings.

1. Mana Whenua where the proposal involves an activity that is on, adjacent to or likely to impact on Mana Whenua values.

2. Auckland Transport where the proposal involves an activity that affects or is likely to affect the use and operation of the transport network for which Auckland Transport is a road controlling authority.

•the activity may have a significant adverse environmental effect

•the applicant is notified before the council commissions the report

•the applicant does not refuse under s. 92B(1) of the RMA. 

•the actual and potential effects of the activity on the environment

•the relevant provisions within the Unitary Plan and other national standards or regulations

•any other matter deemed relevant or reasonably necessary to determine the application.

•service or work to remedy or mitigate adverse effects likely to arise from the activity, such as riparian management, natural resource management, protection or restoration of natural environments

•bonds or covenants, or both, to ensure performance or compliance with imposed conditions 

•financial contributions in the form of money or works to mitigate any adverse effects

•conditions requiring the consent holder to carry out certain monitoring regarding the effects of their activities

•amalgamation of titles

•the review of consent conditions under s. 128

•duration of the resource consent

•The activity’s hours of operation.

•the resource consent has been given effect to, or

•a longer lapse period is specified in the resource consent, or

•an application is made to the council to extend the period after which the consent lapses, and the consent authority grants the extension.

•face proceedings under the Summary Proceedings Act 1957

•be served with an infringement notice.

•contravenes, or is likely to contravene the RMA, any regulations, a rule in the Unitary Plan or a resource consent.

•undertakes an activity that is, or is likely to be noxious, dangerous, offensive or objectionable to such an extent that it has or is likely to have an adverse effect on the environment.

•a person to cease or prevent commencement of an activity 

•someone to do something 

•a person to pay money or reimburse any other person for any actual and reasonable costs and expenses 

•a change to or a cancellation of a resource consent.

1.protects or relates to water, air or soil (for soil conservation); or

2.protects areas of significant indigenous vegetation; or

3.protects areas of significant habitats of indigenous fauna; or

4.protects historic heritage; or

5.provides for or relates to aquaculture activities.

1.General rule

a.The most restrictive activity status determines the overall activity status of the proposal.

2.Determining activity status where same matter is controlled by more than one rule

a.To determine the activity status of a proposal:

i.the user must firstly review the activity status of the activity and its associated controls within the zone and any precinct, or Auckland-wide provisions applying to the site. The activity status within a precinct takes precedence over the same activity within a zone or an Auckland-wide provision, whether more restrictive or enabling.  

ii.taking the activity status resulting from clause i above, the user must then review any overlays that apply to the site. If an overlay rule applies to the same matter then the most restrictive activity status will apply. 

1. Any activity that is not specifically listed in the Unitary Plan as a permitted, controlled, restricted discretionary, discretionary or prohibited activity is a non-complying activity.

1. All activities must comply with the land use and development controls applying to the activity.

2. A permitted, controlled or restricted discretionary activity that does not comply with one or more land use or development controls is a restricted discretionary activity unless otherwise stated in the Unitary Plan.

3. For rule infringements that are a restricted discretionary activity, the council will restrict its discretion to the following matters, in addition to any specific matters listed in the rules:

a. Site/development characteristics

b. The purpose of the control.

4.When assessing a restricted discretionary land use or development control infringement, the council may consider the following criteria as they relate to the matters of discretion above.

a.Whether the site has any unusual features or particular characteristics that make compliance with the development control unnecessary, such as:

i.unusual size, shape, topography, substratum, soil type, vegetation or natural hazard susceptibility

ii.adverse topography or the unusual use or particular location of buildings on neighbouring sites.

iii.Whether the land use or development control infringement achieves the purpose of the control, demonstrating that a better outcome is achieved than a complying proposal and that the proposal makes a positive contribution to the site and neighbourhood by improving liveability, amenity or visual appearance.

b.While not exhaustive, for applicable developments the ADM may offer guidance on these matters.

1. Controlled and restricted discretionary activities will be considered without public or limited notification, or the need to obtain written approval from affected parties, unless otherwise specified in the Unitary Plan or special circumstances exist in accordance with s. 95A (4) of the RMA that make notification desirable.

2.To avoid doubt, discretionary and non-complying activities are subject to the normal tests for notification under the relevant sections of the RMA, unless otherwise specified in the Unitary Plan.

1. In the event of an accidental discovery of archaeological material, the site owner or the site manager must take the following steps:

a.Work must cease immediately at that place.

b.The contractor must shut down all machinery, secure the area and advise the site manager.

c.The site manager must notify the council’s heritage manager and the New Zealand Historic Places Trust Regional archaeologist. If necessary, a resource consent must be obtained.

d.If the site is of Māori origin the site manager must notify the appropriate iwi groups to determine what further actions are appropriate to safeguard the site or its contents.

e.If skeletal remains are uncovered the site manager shall advise the police.

f.Works affecting the archaeological site must not resume until the New Zealand Historic Places Trust gives approval for work to continue.

2.If, at any time during site works, potential koiwi, archaeology or artefacts of Māori origin are discovered, then all site works, including earth moving machinery must stop and the following accidental discovery protocol must be followed:

a.The site owner or the site manager must immediately advise the council, and the kaitiaki and kaumatua of the relevant Mana Whenua and New Zealand Historic Places Trust.

b.The site owner or the site manager must secure the site until approval to proceed with work has been granted by the council in consultation with Mana Whenua.

c.Further work at the site must be suspended, should Mana Whenua wish to carry out their procedures and tikanga for the site and the nature of the discovery.

d.The site owner or the site manager must immediately arrange a site inspection by Mana Whenua and their advisors and the New Zealand Historic Places.

e.The site owner or the site manager must ensure that representatives are available to guide those parties through the site.

f.The site inspection will determine whether the discovery is likely to be extensive and whether a thorough site investigation is required.

g.Mana Whenua will determine the tikanga for appropriate preservation, management and handling of the koiwi, archaeology or artefacts of Māori origin that are uncovered, which may include removal of the koiwi, archaeology or artefacts of Māori origin from the site by Mana Whenua or preservation within the site.

h.Preservation of the koiwi, archaeology or artefacts of Māori origin that are uncovered may require amendments to the site works to avoid adverse effects on sites of significance to Mana Whenua and Maori values.

i.Work at the site must not recommence until approval has been granted by the council in consultation with Mana Whenua and the New Zealand Historic Places Trust.

3.Where koiwi, archaeology or artefacts of Māori origin are uncovered during site works, the council will work with Mana Whenua to record the following information that will contribute to Mana Whenua knowledge of their cultural heritage:

a.site location

b.details of content

c.carbon dating.

4.A development that does not comply with the above accidental discovery protocol is a discretionary activity.

5.Where contaminated land or landfill material is encountered during the course of works and disturbance of that contaminated land or landfill material is not expressly allowed as a permitted activity in the Unitary Plan, land use consent or designation, the site owner or site manager must take the following steps:

a.the works must cease and immediate measures must be are implemented to protect the health and safely of people and the environment

b.inform the council immediately

c.the works must not recommence until the Unitary Plan requirements are met or relevant resource consents are obtained, or in the case of a designation, the potential adverse environmental effect is mitigated or avoided.

•objectives and policies that articulate the development outcomes for the area and encourage the use of framework plans

• rules that give effect to those outcomes

• assessment matters that need to be addressed within a framework plan

• information requirements for framework plans in addition to those specified in the general provisions.

1. It is important that framework plans are only used where necessary to achieve the integrated and efficient redevelopment of sites. For this reason, the Unitary Plan applies framework plans where both of the following criteria are met:

a.large greenfield or brownfield landholdings proposed to be urbanised or intensified that either have no established urban pattern or that have an urban pattern that is proposed or required to fundamentally change that have undergone a structure planning process

b.contiguous landholdings that are held predominantly in single ownership.

2.The following rules apply to framework plans unless otherwise specified in the precinct:

a.A framework plan, amendments to an approved framework plan and a replacement framework plan within a precinct is a restricted discretionary activity where it complies with all of the applicable controls.

b.Subsequent resource consent applications for subdivision, land use and development within a precinct must comply with the most recently approved framework plan for the application area.

c.Any subsequent resource consent applications within a precinct that do not comply with the most recently approved framework plan applying to the application area will be assessed as a non-complying activity, or alternatively must be accompanied by an application for approval of either an amended or a replacement framework plan.

d.An application for a framework plan must apply only to land that the applicant is the owner of, unless otherwise specified in the precinct.

e.A restricted discretionary activity application for a framework plan will be assessed without the need for public notification unless special circumstances exist. Limited notification may be undertaken, including notice being given to any parties specified in the precinct rules.

f.A concurrent application for a development control infringement will be assessed together with a framework plan.

3.Framework plans must comply with all relevant land use and subdivision controls. Unless otherwise specified, any land use or subdivision control infringement will be considered as part of the application for a framework plan.

4.Framework plans must comply with the precinct development controls. Unless otherwise specified, any development control infringement will be considered as part of the application for the framework plan.

5.The development control infringement will not alter the restricted discretionary status of the framework plan unless otherwise stated in the precinct rules.

6.The council will restrict its discretion to the matters below for the activities listed below, unless otherwise stated in the precinct rules.

a.Framework plans, amendments to an approved framework plan or a replacement framework plan

i.the location, physical extent and design of streets and pedestrian connections

ii.the location, physical extent and design of open space

iii.the location and capacity of infrastructure servicing

iv.integration of development with neighbouring areas

v.staging of development and the associated resource consent lapse period.

7.Land use, development or subdivision that complies with an approved framework plan

a.When considering a restricted discretionary resource consent application for land use, development or subdivision that complies with an approved framework plan, the council will restrict its discretion to the matters set out for the activity in the underlying zone, precinct or Auckland-wide rules.

8.The council will consider the relevant assessment criteria below for the restricted discretionary activities listed unless other specified in the precinct.

a.Framework plans, amendments to an approved framework plan or a replacement framework plan

i.The location, physical extent and design of streets and pedestrian connections

•Streets and pedestrian connections should be provided in the location identified in the precinct plan to achieve a legible street network. Where no location is identified, an integrated and efficient street and pedestrian network should be provided, including connections to existing and future streets and networks.

ii.The location, physical extent and design of open space

•Public open spaces should be provided in the location(s) identified in the precinct plan to meet the needs of the local community. Where no location is identified, open space should be provided to and located the serve the future needs of the local community.

iii.The location and capacity of infrastructure servicing

•Adequate infrastructure should be provided to service the proposed development including stormwater, wastewater, water supply, electricity and telecommunications.

•Stormwater management methods that use low impact stormwater design principles and improved water quality systems are encouraged.

iv.Integration of development with neighbouring areas

•Where the framework plan is for a particular site or sub-precinct within a wider precinct, the framework plan should demonstrate how the development achieves the overall objectives of the precinct, including the integration of streets, pedestrian connections, open spaces and other infrastructure that will serve the development.

v.Staging of development and the associated resource consent lapse period

•The framework plan should provide details of how the development will be staged. The council may impose conditions enabling a lapse period longer than five years, having regard to s. 79 of the RMA and the need for unimplemented resource consents to generally reflect the planning strategy contained in the Unitary Plan.

b.Land use, development or subdivision that complies with an approved framework plan

i.When considering a restricted discretionary resource consent application for land use, development of subdivision that complies with an approved framework plan, the council will consider the relevant assessment criteria set out for the activity in the underlying zone, precinct or Auckland-wide rules.

1.All resource consent application under s. 88 (2) must be in the prescribed form and manner and include an assessment of environmental effects accordance with Schedule 4 of the RMA.

1. The following information must be provided, to the council as part of any application for resource consent:

a. a certificate of title no more than six months old and details of any matters affecting title to the site, including copies of documents relating to any encumbrances, covenants, easements, leases, licences to occupy or building line restrictions imposed on the land.

b. a statement specifying any other resource consents the applicant may require in regards to any aspect of the proposed activity, and whether the applicant has applied for such consents.

c. a description of the site to which the proposed activity relates.

2.The following information must be provided, to the council as part of any application for the following:

a.a heritage impact assessment for any discretionary or non complying resource consent or subdivision consent application on land or affecting water adjacent to a scheduled historic heritage place

b.a cultural impact assessment for any restricted discretionary, discretionary or non-complying resource consent application on land or affecting water adjacent to a scheduled historic heritage place where it is archaeology of Maori origin.

3.All applications for development must be accompanied by the following plans/drawings. Plans require a north point. Plans/drawings require a scale of 1:100 or 1:200 where appropriate.

4.Drawings showing the existing situation on the site, including, where relevant:

a.location of the site(s) that are the subject of the application including the certificate of title boundaries, position of road boundaries and road names, legal description, street number, site area and dimensions

b.position of adjoining sites including legal description and street number

c.existing site contours, spot levels and 1m contours including relationship with surrounding properties and the road

d.existing boundary treatments including fences and retaining walls (location, material and heights)

e.existing vegetation on the site

f.location of any Unitary Plan overlays relative to the site

g.footprint of all existing buildings on the site(s) and any outdoor living space

h.footprint of existing buildings on adjoining sites and any outdoor living space and position of habitable room windows that have an outlook to the site

i.any designations applying to all or part of the site.

j.if the site contains or adjoins a watercourse or body of tidal water, identify MHWS and/or the width of the bed of the watercourse and the extent of any riparian margin or local purpose (esplanade) reserve

k.location of any known sites or areas of significance to Mana Whenua that are on council records, in the Unitary Plan or on the NZHPT records, or that are made known to the applicant during any consultation process which may have been undertaken

l.location and extent of any archaeological sites or historic heritage place

m.any areas of the site that are subject to hazard, including land instability and coastal inundation

n.location of any floodplains, overland flowpaths or flood-sensitive areas

o.location of any areas of contaminated soil

p.position of existing services including overhead lines, gas, power, telephone, watermains, sewers, drainage systems (wastewater, stormwater, on-site devices and drains, invert and manhole lid levels), nearest fire hydrant

q.road carriageway, footpath, berm widths, existing vehicle crossings, pedestrian access and access roads

r.location of street features and furniture including power poles, bus shelters, street trees, street lights, signs, on-street parking.

5.Drawings showing the proposed activity including, where relevant:

a.position and dimensions of all proposed boundaries including net site area

b.position of adjoining sites

c.identification of relevant Unitary Plan requirements

d.position and area (m²) of outdoor living space

e.footprint of proposed buildings, incorporated with footprint of any part of existing buildings being retained

f.footprint of existing buildings on adjoining sites

g.floor plans of proposed buildings including internal layout, GFA, number of floors and their use. For studio or one bedroom dwellings the area of each room must be shown on the plans.

h.roof plan including roof top plant and equipment

i.total building coverage and position and size (m²) of impervious area

j.extent of any earthworks, showing proposed contours, area and volume of earthworks, cut to fill depths, location of stockpiles, identification and location of sediment and erosion control measures, spot levels and relationship to adjoining sites/road, any proposed staging of works, retaining wall locations, heights and materials

k.proposed boundary treatments including fences and retaining walls (location, material and heights)

l.any tree or vegetation alteration (area removed and/or altered, identification of species, height, girth and extent of root zone)

m.proposed landscaping and/or planting, including area (m²), location and species (grade and spacing)

n.position of new (or relocated) services overlaid (including depth) over existing services

o.position of proposed vehicle crossing and driveway including vertical clearance (where applicable), long-section of driveway to road, gradients, the existing kerb line including any indented parking bay

p.location of pedestrian access into and through the site

q.proposed parking spaces and their nature (short-term, visitor, leased, etc), access/manoeuvring and loading spaces

r.location and design of waste storage areas

s.location of any areas proposed to be protected, vested or covenanted.

6.Elevations of all building faces including those to be retained, altered and proposed, finished floor levels and external appearance/materials.

7.Relationship of buildings to the natural ground level, existing or finished ground levels or mean street level (whichever is applicable) and Certificate of Title boundaries.

8.Identification of relevant Unitary Plan requirements including building height, height in relation to boundary and volcanic view shafts.

9.Area (m²) and position of proposed signage.

10.Proposed subdivision on a subdivision consent plan, including the land in the title(s) being subdivided, any relevant adjoining boundaries with bearings shown, including a north point.

11.Position of all new boundaries, including restrictive covenant boundaries for cross-lease amendments, and unit, accessory unit and common property boundaries for unit title applications.

12.Site area and net site area of all new allotments, except for a subdivision by grant of cross-lease or company lease or by the deposit of a unit title.

13.Location and areas of new reserves to be created, including esplanade reserve)s, esplanade or access strips, and any proposed improvements, such as paths, play areas and landscaping.

14.Location and areas of any land below MHWS of the sea, or of any part of the bed of a river or lake, which is required under s. 237A of the RMA and shown on the survey plan as land to be vested in the Crown.

15.Location of any existing or proposed easements, encumbrances or other legal mechanisms.

16.Details of any consent notices or covenants.

17.Location and areas of land to be set aside as new road.

18.Existing and proposed contours to show general topography of the site in terms of mean high sea level.

19.Details of how each new site will be serviced for stormwater and wastewater disposal and how water, electricity and telecommunication will be provided.

20.Proposed legal width, grade and location of any private way, including a driveway to a proposed building site, and any new road.

21.The applicant must state whether the subdivision is to be staged and if so, over what period of time and the sites which will be subject to staging.

22.Requirements of the New Zealand Electrical Code of Practice for Electrical Safe Distances (NZECP 34:2001).

23.Location and details of any easements on a schedule, including those to be extinguished, covenant areas and any other restrictions, such as overlays.

24.Where an existing residential building is within 1m of a site or proposed site boundary, the distance to that boundary.

25.Where an existing commercial and industrial building is within 3m of a site or proposed site boundary, the distance to that boundary.

26.The council may require applications to include the submission of technical or other reports prepared by suitably qualified specialists considered necessary to address matters relating to, or arising from the proposal, including:

a.geotechnical/soil mechanic

b.coastal erosion

c.contamination/soil assessment

d.landscape assessments

e.arborist

f.infrastructure servicing/utility

g.stormwater flow analysis and design calculations

h.effluent disposal/soakage field tests and design calculations

i.ecological assessments

j.heritage/archaeological value assessments

k.transport assessments

l.fire.

1.The required information is the general information requirements for an existing site plan listed in clause 2.7.1 above, where relevant, with the addition of the following:

a.important views to, through and from the site (e.g. to bodies of water, volcanic cones, historic heritage places, other landscape features and prominent buildings)

b.predominant winds, areas prone to high winds, shadowing from buildings, trees or structures on adjoining sites.

2.The following information is required for front sites only. The analysis should include a minimum of the three adjoining properties either side of the site and across the street. Plans, sections, elevations and/or annotated photographs are an acceptable method of presenting this analysis. The required information, where relevant, is as follows:

a.building setback from street boundary

b.building height, scale, massing and roof form

c.predominant building types, architectural character, appearance and heritage

d.architectural features and articulation of street facade, including organisational principles of proportions, rhythms, solid to void ratios, and location of doors and windows

e.materials, finishes and colour

f.existing vegetation

g.type and height of fencing

h.signage

i.the planned future form and character of the neighbourhood as defined by the relevant zone or precinct objectives and policies.

3.The required information is a plan showing within a 400m radius of the site, the following, where relevant:

a.predominant landscape and landform character including ridge lines

b.topography using 10m (maximum) contour intervals

c.location of public open space and green spaces including biodiversity corridors

d.watercourses and coastlines (including riparian margins and coastal inundation areas), floodplains and overland flowpaths

e.places of cultural importance, including churches, marae, and sites of significance to Mana Whenua

f.significant historic heritage places

g.significant views to, through and from the site (including to places/items of heritage value) and identified viewshafts (e.g. volcanic, Auckland War Memorial Museum.

4.The required information is a plan showing within a 400m radius of the site, the following, where relevant:

a.walking and cycling networks and their accessibility for people of all ages and abilities

b.key destinations, including public open space, schools and shops

c.bus stops within 400m walking distance and rail services within 800m walking distance, including routes and frequencies

d.bus lanes and high occupancy vehicle lanes

e.location of on–street parking and other public parking facilities

f.street type (arterial road etc).

5.The required information is as follows and applies to both front and rear sites.

a.those matters specified in (a)-(f) of Streetscape character in clause 2.7.2.1 above, presented at a broader level of detail, within a 400m radius of the site.

6.In addition to the above, where the site has a centres zoning, the following information, for a minimum radius of 400m from the site, is required, where relevant:

a.cross sections or photographs showing street enclosure (the height of building facades on either side of the street relative to street width)

b.the location of existing active building frontages, and those which have the potential to develop into active frontages, having regard to the provisions of the Unitary Plan

c.location of public open spaces

d.significant landmarks

e.significant gateways.

7.The required information is a plan showing within a 400m radius of the site, the following, where relevant:

a.the general location and arrangement of land uses. This may include residential, retail, centres, industry, public open space, and community facilities such as schools, hospitals, recreation centres and libraries.

8.The required information is plans showing within a 400m radius of the site, the following, where relevant:

a.subdivision pattern (cadastral boundaries), showing street and lot boundaries

b.street block size

c.street types. This should be shown through typical cross sections or annotated photographs of streets in the area and include the width and arrangement of footpaths, berms, street trees, on-street parking and street carriageway.

9.The required information is an annotated drawing showing, where relevant:

a.the site and adjacent sites, streets and public open spaces

b.key opportunities and constraints relevant to development of the site.

10.The applicant should also consider how any of the following matters influence the site’s opportunities and constraints:

a.any specialist reports provided with the application (heritage assessment, integrated transport assessment etc)

b.guidance provided in pre-application discussions with council officers

c.guidance provided by the Auckland Urban Design Panel or any other design review panel recognised by the council.

1.The required information is, where relevant, the following, and is expected to be at an indicative level only. Sketch plans, with supporting written explanation, are acceptable.

a.a written summary of key design principles, including an explanation of how the concept design responds to the site’s identified opportunities and constraints and how design decisions have been made when there are competing interests.

b.how the proposed design provides for equal physical access in accordance with the principles of universal design (including identification and slope of any accessible paths between buildings and carparks; slope of any accessway from the street to the front door of a building, slope of any pedestrian or vehicle accessways; and the overall dimensions of rooms, doorways, corridors and stairs) consistent with the corresponding rules in the zones.

c.building footprint and setbacks from boundaries and buildings on adjoining sites

d.building height, scale, massing and roof form

e.location of outdoor living space and landscaping

f.location of pedestrian and vehicle access, parking and loading

g.location of public fronts and private backs, where residential use is proposed

h.site orientation and size, where the site is being subdivided

i.indicative façade articulation, internal room layout, materials, finishes and colours

j.general location and scale of earthworks (cut and fill)

k.location and type of any new street and size of any new street block, where these are proposed.

2.The required information is the general information requirements for a proposed site plan listed in clause 2.7.1 above, where relevant, with the exception of (k), (l) and (m), which form part of the landscape plan requirements below.

3.The required information is the general information requirements for proposed elevations listed in clause 2.7.1 above, with the addition of the following:

a.for any development fronting a public street, an elevation or photomontage showing the street facing façade of the proposed building and existing buildings on either side of the proposed site.

4.The required information is shadow diagrams showing, where relevant:

a.sunlight access and shadowing to the project site, adjacent sites, streets and public open space from proposed buildings and structures on the project site and existing buildings and structures on adjacent sites at 9am, midday, 3pm and 6pm on the summer solstice, winter solstice and the equinox.

5.The required information is drawings showing the following, where relevant:

a.location and design of public open space, communal open space and private outdoor living space, public and private streets, parking areas and pedestrian linkages

b.proposed planting, including species, grade, spacing, density and numbers

c.existing vegetation that is to be removed or retained including protected trees

d.water management systems drainage and any low-impact design devices

e.location of impervious areas

f.design of any hard landscaping

g.location, extent, height and design of all proposed boundary treatments

h.location of watercourses, coastlines and riparian margins

i.extent of any earthworks, showing existing and proposed contours, relationship to adjoining sites and the street, retaining wall locations, heights and materials.

6.Where new public or private streets which are publicly accessible are proposed, the required information is drawings showing the following:

a.connections between new and existing streets

b.street type (arterial road etc)

c.proposed design of carriageways, berms, footpaths, materials, parking, street trees, service locations, underground services and vehicle crossing locations and designs

d.street lighting types, sizes and locations.

7.For new subdivisions, the required information is drawings and supporting written explanation showing:

a.street block and site widths, depths, layout and orientation

b.building footprints, where these are known.

c.the location of proposed active building frontages, where business uses are proposed

8.For development on sites with centres zoning, the following is also required:

a.location of proposed public open space

b.landmark locations and gateways

c.views analysis.

9.Where new public open space, development of existing public space, or publicly accessible open space is proposed, the required information is drawings and supporting written explanation showing:

a.its place within the public open space hierarchy of the wider area

b.proposed landscape design, including existing and proposed planting, buildings and structures, walkways and ecological networks

c.existing and proposed topography/landform

d.proposed community and recreational facilities, such as playgrounds

e.uses of adjacent sites, building footprints, heights, elevation of building façades fronting the open space boundary and boundary treatments

f.relationship with existing or proposed streets

g.interface with any watercourses and/or coastlines

h.provision for and integration of water sensitive design features such as stormwater ponds and swales

i.how spaces have been orientated in relation to climatic conditions, such as sun and prevailing wind

j.location, design and slope of pedestrian access and movement within and around the open space

k.location, design and slope of vehicle access/car parking if applicable.

1.An application for a framework plan must be accompanied by the relevant information listed in the general information requirements as well as plans and supporting information showing the following, where relevant:

a.the overall context of the application area relative to existing buildings, public open space and any approved buildings and approved framework plans

b.where changes to site contours are intended, the relationship of those site contours to existing and proposed streets, lanes, any adjacent coastal environment, and, where information is available, public open space

c.the location, width and function of proposed streets, cycle routes and pedestrian routes

d.the location, dimension and function of public open spaces

e.the location of stormwater, wastewater and water supply infrastructure

f.the location and dimensions of vehicle access and car parking areas

g.the location of building platforms

h.profile of any proposed buildings and height as viewed from all existing and proposed street frontages, existing and proposed public open spaces, and any adjacent coastal margin. This should include two dimensional and three dimensional building block elevations and building cross sections

i.the distribution of various densities/site sizes throughout the application area

j.the landscaping concept for the application area

k.the location of any heritage or natural features

l.details of how the development on the application site will be staged.

2.Where a joint framework plan is not prepared the application will need to show how the development integrates with other sites within the precinct and land surrounding the precinct including details of any development proposals on adjoining sites, including any other approved framework plan for the precinct and/or sub-precinct how the development provides or facilitates adequate transport connections across the precinct and/or sub-precinct, including connections to the surrounding road network.

1. A cultural impact assessment will be required for all applications requiring a resource consent under:

a. the Sites and Places of Significance to Mana Whenua overlay

b.the Sites and Places of Value to Mana Whenua overlay.

2.A cultural impact assessment will be required for all applications requiring a resource consent within:

a. areas subject to customary marine title and protected customary rights areas under the Marine and Coastal Area (Takutai Moana) Act 2011

b. areas or resources subject to customary uses or cultural activities as identified within a reserve management plan or cultural activities management plan that is held by the council

c. a place of significance to Maori identified in the schedule of significant historic heritage places

d. sites, places, areas or resources of significance identified in final Deeds of Settlement and Treaty Settlement legislation including:

i. land returned or identified for the purposes of cultural redress or commercial redress

ii. areas subject to statutory acknowledgement and other statutory instruments for cultural redress

e. Māori land that is administered under Te Ture Whenua Māori Act 1993 or land held by a Māori Land Trust or Incorporation constituted under Te Ture Whenua Māori Act 1993.

3.A cultural impact assessment will be required for a structure plan.

4. A cultural impact assessment will be required for the following resource consent applications where the proposal may have adverse effects on Mana Whenua values:

a. discharges to water or the CMA

b. discharges to air

c. discharge to land

d. diversion, taking or using of surface water, ground water, coastal water or geothermal resources

e. damming of water and associated damming structures

f. drilling to construct a bore

g. structures affecting river beds and the CMA

h. disturbance to river beds and the CMA

i. reclamations

j. mineral extraction

k. removal of mangroves

l. construction of significant infrastructure

m. establishment of new landfills, the expansion or closure of existing landfills, clean fills, recycling plants, waste treatment or hazardous waste infrastructure and bio waste infrastructure and deposition of bio-solids

n. removal of outstanding specimens of native vegetation

o. Land disturbance or vegetation clearance in the following overlays:

i. Outstanding Natural Features overlay

ii. Outstanding Natural Landscapes overlay

iii. Outstanding and High Natural Character and Coastal Areas overlay

iv. Significant Ecological Areas overlay

p. Applications that require integration of mātauranga and tikanga

q. Land disturbance and subdivision within archaeological sites of Māori origin where the locations have been confirmed and are shown on the council's cultural heritage inventory.

4.A cultural impact assessment must:

a.identify the nature of the actual or potential effects of the proposal on Mana Whenua values, and

b.appropriately address the actual or potential effects of the proposal on Mana Whenua values.

5.A cultural impact assessment should be prepared by an iwi authority or a person or entity nominated by the iwi authority with confirmation of this nomination provided in writing by the relevant iwi authority representative (or representatives where there is more than one potentially affected iwi or hapū).

6.A cultural impact assessment is not required if the representative of the iwi authority from the relevant Mana Whenua group (or groups where there is more than one potentially affected iwi or hapū) confirm in writing that a cultural impact assessment is not necessary.

7.Where a cultural impact assessment is required the following information should be included (in such detail as corresponds with the scale and significance of the effects that the activity may have on Mana Whenua values):

a.a description of the proposed activity

b.recognition of the Mana Whenua within the area subject to the application and a description of their relationship with the area and cultural landscape

c.a statement of the Mana Whenua values associated with any particular resources, sites or places affected by the activity. These values may be identified through:

i.reference documents

ii.engagement with Mana Whenua

iii.recommendations provided by Mana Whenua or a person nominated by Mana Whenua

iv.hapu or iwi planning documents

v.cultural values assessments prepared by Mana Whenua

vi.Treaty Settlement documents and related legislation

vii.Māori Land Court records

viii.v historical publications

ix.any other relevant information

d.a description of how the application:

i.the effects of the activity on Mana Whenua values and how the application avoids, remedies or mitigates any adverse effects on Mana Whenua values

ii.recognises and provides for the relationship of Mana Whenua and their culture and traditions with their ancestral lands, water, sites, wāhi tapu, and other taonga

iii.has particular regard to kaitiakitanga

iv.takes into account the principles of the Treaty of Waitangi

e.a description of the consultative processes used in preparing the report

f.iwi/hapū recommendations

g.an archaeological assessment if the site has archaeological value.

8.Where sensitive information is included in a cultural impact assessment, this information should be cross-referenced and contained within an appendix to the report. Protocols should be included within the appendix for how the information can be used for the purposes of s. 42 of the RMA in terms of notification, hearings and in response to official information requests.

9.Where information within a cultural impact assessment has been identified by Mana Whenua as sensitive information, the protocols for the use of the information contained within the report must be followed.

10.Where Mana Whenua values may be adversely affected and a cultural impact assessment has not been provided, the council may:

a.take into account the failure to provide a cultural impact assessment in considering whether to accept the application under s. 88 of the RMA

b.request the applicant to provide, or commission a cultural impact assessment as part of any further information in accordance with s. 92 of the RMA

c.take into account the failure to provide a cultural impact assessment in considering whether or not to notify the application.

11.A copy of resource consent applications for activities within, adjacent to, or impacting on statutory acknowledgement areas will be provided to post-settlement governance entities as directed by relevant Treaty Settlement legislation.

12.A current list of final Deeds of Settlement, Treaty Settlement legislation and statutory acknowledgements within Auckland is included in Appendix 4.2. The requirements of the legislation must be considered in all resource management processes.

13.In accordance with s. 353 of the RMA, Part 10 of Te Ture Whenua Māori Act 1993 applies to the service of notices under this Act on owners of Māori land.

1. An application for any activity must be accompanied by a report by a suitably qualified engineer which:

a. demonstrates how the proposed activity will avoid the natural hazard event and/or any mitigation measures

b. assesses any remaining consequences of the natural hazard event on the proposed activity and should be assessed based on the vulnerability of the intended activity.

1.A site plan indicating:

a.existing topography, contours, drainage, natural watercourses, vegetation cover and any other significant landform or features

b.site layout, general design and location of buildings

c.areas for extraction (including pits and faces), storage (including overburden), stockpiling, processing and distribution

d.predicted final contours and drainage

e.boundary screening where necessary.

2.A description of current and future operations, including:

a.vegetation removal and site preparation, including stripping and stockpiling or disposal of soil and overburden

b.blasting (in particular frequency)

c.mineral extraction, processing, storage and distribution

d.estimated volume of minerals to be extracted

e.estimated timeframe and staging of mineral extraction

f.the proposed rehabilitation programme

g.the proposed methodology for certifying imported cleanfill

h.the method of site access, vehicle circulation and on-site parking

i.a description of methods to:

j.manage the effects of dust, noise, glare and vibration on the amenity of residents in the vicinity of the mineral extraction site

k.manage the effects associated with vehicle movements

l.protect and maintain:

i.areas of ecological importance 

ii.outstanding landform features 

iii.archaeological sites 

iv.geologically significant site 

v.outside of the proposed extraction sites.

m.monitoring and reporting proposed in relation to the above measures.

3.Any amendments to the Quarry Management Plan must be provided to the council and may trigger the need for a new resource consent or variation to existing consent conditions.

4.Without repeating the matters outlined in above applications for resource consents for land disturbance activities associated with mineral extraction activities must have a quarry management plan including:

a.erosion and sediment control plan, including calculations to confirm compliance with best practice for quarrying and associated activities including overburden removal for the following 12 months

b.overburden removal and disposal operations planned for the following 12 months

c.areas of expected quarry operations for the following 12 months

d.Identifying areas where land disturbance activities are not proposed

e.maintenance and enhancement of riparian vegetation

f.results of the previous 12 months of sampling inclusive of summarised rainfall records and assessment of results

g.assessment of effectiveness of erosion and sediment control measures and any sediment related effects on the receiving environment

h.any discharge standards, compliance measures and responses to non-compliance.

1. Where a clean fill is proposed the following additional information must be provided:

a. a plan of the property showing the area to be filled

b. the approximate quantity of material to be deposited, the type of material, the timing and progress of the operation, operating times and completion date

c. an investigation into the stability of the underlying land and its ability to remain stable under increased loadings in all conditions

d. proposals to ensure the prevention of mass movement of the filled material itself, including details on such things as benching and method of compaction

e. a final landscape plan showing proposals for rehabilitating the surface of the fill to prevent surface erosion such as sheet fill and gully erosion and including details on top-soiling, grassing, and planting

f. details of traffic generation, size of trucks, vehicle trips per day, position of access points, likely routes to be taken to the cleanfill and possible effects on public roads, location of adjacent dwellings

g. proposals to deal with noise, dust, smoke and other detractions from the amenities of the area

h. proposals to ensure security of the site to prevent public dumping

i. how gullies would be drained to prevent excessive saturation of the fill

j. proposals for control of silt discharged from bare earth/exposed areas during operations. Proposals may include installation of a silt pond, which will require specification of the pond’s dimensions

k. comment on the quality of material to be deposited. If leachate was discharged from the fill, how it would be contained, treated and discharged

l. details of the erosion and sediment control monitoring programme

m. details of the flocculation management plan

n. details of how material that is not cleanfill will be rejected, or quarantined and removed

o. community communication strategy

p. process for recording and responding to complaints

q. contact details for the site manager

r. a traffic management plan to manage:

i. movement of trucks into and out of the site, including transport routes along adjacent routes, and how hazards to other road users will be avoided

ii. vehicles within the site, including parking of trucks, contractors’ vehicles and machinery.

1. An application for resource consent or subdivision consent for a scheduled historic heritage place must be accompanied by a heritage impact assessment which must include all the following:

a. identification and description of the scheduled historic heritage place affected by the proposal, including the extent and nature of its setting

b. a description of the significance of the scheduled historic heritage place, including the extent to which the features, uses, and setting contributes to the significance of the place

c. a description of the proposal, including:

i. details of the location, scale, design, materials and finish of the proposed works

ii. the extent of any proposed modifications to the place, including any:

•archaeological investigations

•repair

•redecoration

•additions or alterations

•excavations or land disturbance

•removal of fabric

•removal or demolition of structures or features

•modifications to, or new, vehicular access, circulation or car parking areas, and/or

iii. changes to hard and soft landscaping

iv. details of the methods and techniques that will be used to undertake the proposed works

v. the proposed use of the place, including the proposed use of any development enabled by the proposal

vi. in the case of a proposed subdivision, destruction, demolition or substantial demolition, details of the proposed development that will be enabled by the proposal

vii. an outline of the consultation that has been undertaken (if any) with the New Zealand Historic Places Trust, Mana Whenua, and other interested parties

d. an assessment of the positive and adverse effects of the proposal on the significance of the place.

2. Where an application for resource consent or subdivision consent involves significant work or alteration to a scheduled historic heritage place, it must be accompanied by a heritage policy document.

3. Any application for resource consent on land or affecting water that is adjacent to a scheduled historic heritage place must include a heritage impact assessment.

4. Any application for subdivision consent on land or affecting water that is adjacent to a scheduled historic heritage place shall include a heritage impact assessment.

5.Where an application for resource consent or subdivision consent involves significant work or alteration to a scheduled historic heritage place, it must be accompanied by a heritage policy document.

6.Heritage policy documents set out a strategic approach to managing the conservation, potential development and other asset management requirements and needs of a historic heritage place, and also provide information about the significance of a place. There are two types of heritage policy documents provided for in the Unitary Plan:

a.conservation plan

b.conservation policy.

7.By providing for two types of heritage policy documents, the council acknowledges that the complexity of a heritage policy document should be commensurate to the overall significance of a historic heritage place. An explanation of the contents of the types of heritage policy documents and the circumstances in which the different types of heritage policy documents will be appropriate or required are set out in clause 5 of the Historic Heritage overlay rules.

8.Guidance on the contents and approval of heritage policy documents is provided in clause 5 of the Historic Heritage overlay rules.

9.A heritage policy document may be submitted for approval at any time, including as part of a resource consent, notice of requirement for a designation or heritage order, or plan change process.

1.Applicants must provide an integrated transport assessment with:

a.Any of the following proposals where one or more of the thresholds outlined in Table 2: Thresholds for an integrated transport assessment are met or exceeded:

i.a plan change

ii.a notice of requirement

iii.a structure plan

iv.a resource consent application for land use or subdivision not specifically provided for as a controlled, restricted discretionary or discretionary activity in the zone applying to the site

v.a framework plan

b.a resource consent for any other high traffic generating use where a provision in the plan specifically requires an integrated transport assessment.

2.The purpose of an integrated transport assessment is to assess the potential effects a proposal could have on the transport network and any mitigation measures needed to ensure that any adverse effects are avoided, remedied or mitigated. It should be prepared by a transport planner, transport engineer or other suitably qualified professional.

3.An integrated transport assessment should be prepared in accordance with any integrated transport assessment guidelines adopted by Auckland Transport and must meet the information requirements set out below.

1.A brief standalone synopsis of the development and recommendations.

2.Brief description of proposed land use zoning patterns and intensity and key transport features (e.g. road network) issues or constraints.

3.Brief description of proposed land use activity and intensity and relevant transport considerations e.g. on-site parking and access arrangements.

4.Provide a description of the context for the development in terms of the existing location, land use characteristics (including consented developments but not yet built in the vicinity of the proposal) and transport features (e.g. walking, cycling and public transport connections and routes, road hierarchy, traffic volumes, freight movements, accident record). Where relevant this information should be supplemented with the use of maps and photographs.

5.Full description of proposed zoning, activities and intensities permitted and the maximum development potential of the area. Outline the proposed transport network / street layout and discuss the proposed road hierarchy (supported by typical cross-sections), anticipated provision for walking, cycling and public transport and the approach to provide for and manage parking.

6.Focus on type and intensity of activity proposed and key operating requirements (e.g. hours of operation). Address specific transport matters to facilitate operation of the activity such as parking, loading and trip end facilities. Identify how the proposal will integrate with any existing buildings or other activities on the site.

7.Provide a brief statement discussing how the proposal relates to wider planning strategies (e.g. Auckland Plan, Regional Policy Statement) and transport studies (e.g. corridor management plans). The focus is to highlight how the proposal will integrate with the existing and future network (e.g. to identify relevant network upgrades and operational requirements) as part of a wider single system. The implications of the proposal on all transport providers will need to be addressed (i.e. Auckland Transport, NZTA and KiwiRail). This includes the need to demonstrate how the timing or staging of the proposal is compatible with the transport plans for the area and to indicate where relevant transport projects have been identified as part of current funding programmes.

8.Outline the expected origins and destinations of users of the development and use this information to establish the mode shares that could be reasonably expected given the existing and future land use and transport conditions. Other considerations in establishing the mode share include land use and operational characteristics, accessibility to public transport, walking and cycling accessibility and accessibility by private vehicle. Assumptions can be supported through the appropriate use of relevant source material (e.g. trip generation data bases, travel surveys and person density derived from development parameters). The predicted mode share should be used to inform the level of parking that is provided as part of the development.

9.Identify the potential and actual effects of the development on the surrounding transport network based on the preceding trip generation and mode share analysis. Both positive and negative effects should be documented and where relevant discuss any interim staging or temporary (e.g. construction related) effects. Traffic modelling may be required to support the assessment of effects. The extent and scope of modelling required will depend on the size and significance of the development and its location and may also be informed through discussions with Auckland Transport or other affected transport providers such as NZTA.

10.Discuss and describe the mitigation measures required to address any impacts on the transport network. These measures may be contained within the site or include improvements required to the immediate or wider surrounding area. The mitigation measures may involve physical improvements to infrastructure or facilities (e.g. walking, cycling connections, intersection upgrades) or demand management measures (e.g. amending the use or intensity of the development and implementing a travel plan). The mitigation measures proposed should be consistent with and support current transport network strategies and plans.

11.The integrated transport assessment must outline the required transport infrastructure upgrades, and who will be responsible for providing the measures. Improvements or changes to the transport network that are required but beyond the ‘area of influence’ of the development must be discussed and endorsed by the relevant transport agency (Auckland Transport, NZTA or KiwiRail). Any discussions or agreements relating to the provision of transport upgrades should be documented and included as part of the Integrated Transport Assessment. It is expected that the staging requirements associated with any infrastructure upgrades or demand management measures proposed will be in place prior to the development occurring.

12.A brief summary highlighting the key aspects, findings and recommendations for the above areas of discussion.