1.Framework, structure, precinct and concept plans

a.Where a framework, structure, concept and/or precinct plan has been approved, all subsequent subdivision must be in accordance with that approved plan 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

vi.any other relevant subdivision component.

b.In any rural zone, a subdivision that is not in accordance with the approved framework, structure, precinct or concept plan is a non-complying activity.

2.Site size and shape

a.Except where the purpose of the site is a network utility (including a site to be vested in council), all proposed sites must:

i.meet the minimum size and shape factor requirements for each zone specified in clause 2.3.1, 2.3.2 and 2.3.3 below and in any relevant precinct or overlay, or

ii.be in accordance with an approved land use resource consent.

3.Access and entrance strips

a.All proposed sites must be provided with legal and physical access to a road, unless they:

i.are being created for reserves or road closure, or

ii.will be amalgamated with another site that already has legal and physical access to a road.

b.Other than in any rural zone, entrance strips must be less than 7.5m wide. Any entrance strip 7.5m or more in width shall be considered a front site.

4.Services

a.All proposed sites capable of containing a building, or in the case of a cross-lease or unit title, strata title, company lease, each building must be designed and located so that provision is made for:

i.collection, treatment and disposal of stormwater

ii.collection, treatment and disposal of wastewater, via

•a connection to a wastewater network

•on-site

•a private wastewater network

iii.underground water and electricity supply

iv.telecommunications in rural zones

b.The services required by clauses (i)-(iv) above must comply with the council’s current engineering standards.

5.Staging

a.Where a subdivision is to be carried out in stages, the applicant must provide adequate detail of the intended timetable and sequencing of the staging at the time they apply for the first subdivision consent. This detail must include:

i.the time period over which the development is likely to take place

ii.the area of land subject to the different proposed stages

iii.the balance area of the site remaining after the completion of each stage.

6.Esplanade reserves

a.Where any subdivision, including the creation of a site of 4ha or more, is proposed of land adjoining 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 esplanade strip.

b.Any esplanade reserve or esplanade strip must be measured in a landward direction at 90 degrees to MHWS, bank of a river, stream or margin of any lake.

c.Any reduction in width or any request to waive the esplanade reserve or esplanade strip requirement is a discretionary activity.

d.The replacement of an esplanade reserve with an esplanade strip no less than 20m wide is a discretionary activity.

1. Lease of a building or part of a building where a cross-lease, company lease or unit title subdivision is not involved

a. The subject building must be lawfully erected.

b. The boundaries of the proposed sites created by these provisions must follow existing or proposed walls, ceilings and floors, and the scheme plan must show the proposed sites in relation to the exterior of the building and provides upper and lower elevations in terms of a datum to be established.

c. Each lease area must have either frontage to a legal road or allows for access through common areas to a legal road.

2. Subdivision for a network utility

a. The network utility must be a permitted activity or have all necessary resource consents or notices of requirements approved.

b. The balance sites must comply with the relevant Auckland-wide and zone rules.

1. Boundary adjustment that does not exceed 10 per cent of the net site area of each site

a. Each site must not change by more than 10 per cent in net site area.

b. All sites prior to the boundary adjustment must be contained within the same zone.

c. All service connections and on-site infrastructure must be located within the boundary of the site it serves, or have access provided by an appropriate legal mechanism.

d. Where applicable under s. 230 of the RMA, any esplanade reserve must be shown on the survey plan.

2. Conversion of cross-lease titles to fee simple titles

a. All existing development must comply with relevant Auckland-wide and zone rules or be in accordance with an approved resource consent or have existing use rights.

b. Any development required as part of the conversion must be in accordance with the relevant Auckland-wide and zone rules or an approved building consent or certificate of acceptance.

c. All service connections and on-site infrastructure must be located within the boundary of the site it serves, or have legal rights provided by an appropriate legal mechanism.

3. New cross leases and amendments to cross-leases, including additions and alterations to buildings, accessory buildings and areas for exclusive use by an owner or owners, and company lease, unit titles and strata title subdivisions

a. All buildings must:

i. have existing use rights, or

ii. comply with the relevant Auckland-wide and zone rules, or

iii. be in accordance with an approved land use resource consent.

b. 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 parking or other such purpose.

c. 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.

d.Parking spaces must be created as accessory units or common areas when associated with an approved use or activity. Parking spaces must not be created as principal units, unless provided for by a resource consent.

e. All service connections and on-site infrastructure must be located within the boundary of the site it serves or have access provided by an appropriate legal mechanism.

1. Subdivision of a site with two zones

a. Where a proposed site is located entirely within a single zone, that site must comply with the respective subdivision controls for that zone.

b. Where a proposed site is located over two or more zones, that site must comply with the subdivision controls for the zone which covers the greatest proportion of the site area.

2. Subdivision of a site within the 1 per cent AEP floodplain

a. Subdivision design must ensure that roads and all vehicle access:

i. are designed so that maximum depth of floodwater during a 100-year ARI flood event does not exceed 200mm and a velocity of 2m/second over the lowest part of the road or access way

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.

b. Each proposed site which is to contain a residential building must be able to:

i. wholly contain a square of 8m x 15m which is clear of any overland flow path and the 1 per cent AEP floodplain

ii. contain a building with a finished floor level at least 500mm above any 1 per cent AEP floodplain flood level.

c. Subdivision design and an appropriate mechanism must maintain the natural functioning of the 1 per cent AEP floodplain and ensure there is no encroachment into the floodplain by additional buildings, structures and land modification.

3. Boundary adjustments which do not exceed 10 per cent of the net site area of each site

a. Clause 2.2.2.1 above applies.

4. Subdivision in accordance with an approved land use consent

a. Any subdivision relating to an approved land use consent must comply with that consent, including all conditions and all approved plans.

b. In the Rural Conservation, Rural Coastal, Mixed Rural, and Rural Production zones the approved land use consent must include an application for and approval of the subdivision being proposed in this control. Subdivision that does not comply with this control is a prohibited activity.

5. Subdivision around existing buildings

a. Prior to subdivision occurring, all development must:

i. have existing use rights, or

ii. comply with the relevant Auckland-wide and zone rule, or

iii. be in accordance with an approved land use consent.

1.Site size

a.Site sizes for proposed sites must comply with the minimum net site areas specified in the table 1 below.

b.In addition to the controls in table 1, subdivision of a parent site of 1ha or more and where 15 or more vacant sites are proposed, each site that will contain a building must comply with the average net site area for the zone below, provided that the proposed site size is no more or less than 20 per cent of the average net site areas:

i.600m² for Single House zone

ii.400m² for Mixed Housing Suburban zone

iii.300m² for Mixed Housing Urban zone.

c.Clause (b) above does not apply to sites in areas listed in table 3.

d.Subdivision that does not comply with this control is a non-complying activity.

2.Site shape factor Each proposed vacant site must contain the following:

a.access and manoeuvring that meets the requirements of the Auckland-wide and zone rules

b.private outdoor space required by the zone

c.a rectangle measuring 8m by 15m must be able to be located outside any of the following:

i.natural hazard area identified in a council natural hazard register/database or GIS viewer

ii.slopes greater than an average of 1 in 5 

iii.protected root zone of a notable tree 

iv.Significant Ecological Area or Outstanding Natural Feature or Outstanding Natural Landscape overlay 

v.scheduled historic heritage place, or site or place of significance to Mana Whenua

vi.network utility installations, including private and public lines 

vii.building line restrictions in the Unitary Plan and on a Certificate of Title 

viii.right-of-way easements 

ix.area of esplanade reserves and esplanade strips required by clause 2.1.6.

x.yard setback required by the underlying zone

xi.riparian, lake or coastal protection yard.

xii.separation distance from national grid transmission lines.

3.Rear sites

a.On a parent site greater than 1ha where 15 or more vacant sites are proposed, the total number of rear sites must not exceed 5 percent of the total number of proposed sites.

4.Access to rear sites

a.A single jointly owned access lot or right-of-way easement must not serve more than eight proposed rear sites.

b.Vehicle access to proposed 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 controls in table 2 below.

5.Pedestrian access to rear sites

a.Driveways serving six or more rear sites must provide separate pedestrian access, which can be located within the formed driveway. The pedestrian access:

i.must have a minimum width of 1m

ii.can include the service strip

iii.must be distinguished from the vehicle carriageway through the use of a raised curb or different colour or surface treatment.

6.Additional subdivision controls

a.Proposed sites identified in the Built Environment - Additional Subdivision Control overlay must comply with the minimum net site area in table 3.

b.Subdivision that does not comply with the minimum net site area in table 3 below is a non-complying activity.

1.Site size

a.Where any subdivision is proposed on a vacant site, all proposed sites must comply with the following controls:

2.Rear sites

a.Rear sites must not exceed 20 per cent of the total number of proposed sites.

3.Site shape factor

a.To demonstrate that proposed sites can accommodate a building, all vacant sites must be able to contain a building that complies with all applicable controls of the zone while avoiding:

i.natural hazard area identified in a council natural hazard register/database or GIS viewer. 

ii.slopes greater than an average of 1 in 5 

iii.protected root zone of a notable tree 

iv.Significant Ecological Area or Outstanding Natural Feature or Outstanding Natural Landscape overlay 

v.scheduled historic heritage place, or site or place of significance to Mana Whenua

vi.network utility installations, including private and public lines 

vii.building line restrictions in the Unitary Plan and on a Certificate of Title 

viii.right-of-way easements 

ix.area of esplanade reserves and esplanade strips required by clause 2.1.6

x.yard setback required by the underlying zone

xi.separation distance from national grid transmission lines 

xii.riparian, lake or coastal protection yard.

4.Parking areas

a.Where 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 parking spaces identified as accessory units must be:

i.held together with the principal units, or

ii.form a part of the common property.

b.Any parking spaces identified as a principal unit must be tied to the approved land 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.

5.Signs

a.Where signs have been approved on a building with resource consent and the development is subdivided under the Unit Titles Act, the signs must not be created as principal units on the survey plan. The sign must be identified as an accessory unit or alternatively form a part of the common property.

1. Specified building area

a. A specified building area must be clearly identified on every site on a scheme plan of subdivision on which a building is anticipated.

b. 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.

c. The specified building area must:

i. be at least 5000m²

ii. include a single area of at least 2000m² clear of all yards and 1 per cent AEP floodplain

iii. be able to be linked by adequate and appropriate vehicle access to a formed public road

iv. be identified as the only place within the site where dwellings, their accessory buildings, and related parking and manoeuvring areas can be located.

d.Subdivision that does not comply with this control is a non-complying activity.

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. all wetlands

iii. all rivers, lakes and streams

iv. a minimum 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 2(a) above exist. The assessment must be undertaken by a suitably qualified and experienced person.

c. All subdivisions must give effect to objectives and policies that promote the protection of valuable natural features.

d.The council may require the landowner to protect natural features by:

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 the council

iii. effectively managing pests and weeds

iv. providing appropriate access to any sites and places of significance to Mana Whenua

v. providing for cultural harvest by Mana Whenua in accordance with tikanga Māori, if the site or place is significant to Mana Whenua, or if it is to be controlled by a public authority and may require an appropriate legal protection mechanism to be established to give effect to any or all of the above.

e.Subdivision that does not comply with this control is a non-complying activity.

3.Transferable rural site subdivision: explanation of terms and process

a.Terms

i.The site being amalgamated is referred to as a ‘donor site’.

ii.The site containing a Significant Ecological Area being protected is also referred to as a ‘donor site’.

iii.The site being subdivided to create an additional site is referred to as a ‘receiver site’.

b.Process

i.A transferable rural site subdivision is the transfer of the residential development potential of rural sites from one location to another through the subdivision process. This process may be carried out in either of following ways. The full process is set out in table 5:

•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 (left-hand column)

•Permanently protecting SEA in one location and subdividing a new site in a Countryside Living zone (right-hand column)

4.Transferable rural site subdivision: Controls for transferable rural site subdivision through amalgamation of donor sites

a.Prior to amalgamation of donor sites, all donor sites must:

i.be located on land within any one or more of the following zones:

•Rural Production

•Mixed Rural

•Rural Coastal

•Rural Conservation

•Future Urban

ii.not be comprised of part or all of a closed road, road severance, or designation

iii.have a minimum net site area of one hectare unless the site is one that has been created by a subdivision consent granted by the territorial local authority (in which case no minimum net site area applies)

iv.for every two donor sites being amalgamated, once amalgamated, not result in more than one dwelling per 40ha

v.either be:

•separately recorded on the Council Valuation Roll and exist when the application is made, or

•shown on an approved scheme plan of subdivision which would, if given effect to, create sites that could be used under these rules.

b.Following amalgamation of donor sites, all donor sites must be:

i.redefined as a single site

ii.rescinded in such a way that replacement titles cannot be re-issued

iii.made subject to a legal protection mechanism that states:

•the residential development rights attaching to the land have been used to create a transferable rural site subdivision under the Unitary Plan and must not accommodate any further residential development unless it is allowed as a permitted activity or by the granting of a resource consent

•the new site cannot be further subdivided other than by amalgamation with another qualifying site or by boundary adjustment or boundary relocation

•the new site has no further potential to be used for the purpose of a transferable rural site subdivision

•such legal mechanism must be removed for sites in the Future Urban zone once a plan change to introduce urban zones has been made operative.

c.Following amalgamation of donor sites, all receiver sites must:

i.be subdivided into no more than one receiver site for every two donor sites amalgamated. A donor site must not be the same site as a receiver site

ii.be located within any one or more of the following zones: 

•Rural Production

•Mixed Rural

•Countryside living.

iii.be located outside any:

•ONC overlay

•HNC overlay

•ONL overlay

•SEA overlay

•Receiver Site Exclusion Area (Refer to Appendix 12.1).

iv.have a minimum net site area of:

•2ha, if located in an identified receiver area other than the Countryside Living zone, or

•comply with the applicable minimum net site area for subdivision if located in the Countryside Living zone, refer to table 10

v.leave the balance site with a minimum net site area of 2ha

vi.meet all the applicable Auckland-wide subdivision rules

vii.comply with the general rules for subdivision in the applicable zone, with the exception of the minimum net site area and minimum average net site area

viii.other than in the Countryside Living zone, contain no elite or prime land. The applicant must commission a detailed Land Use Capability (LUC) soil assessment to determine this. The assessment must be prepared by a suitably qualified and experienced person

ix.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

x.in the Rural Production zone only, no more than one receiver site may be subdivided out of an existing site

xi.result in a transfer only between the following donor and receiver areas set out in Table 6 below.

d.Any proposed transferable rural site subdivision by amalgamation of donor sites that does not comply with the controls for receiver sites is a non-complying activity.

Table 6: Transfer of sites provided for under these rules by amalgamation of donor sites

Donor site in: (Note: see criteria above)	Receiver site must be in: (Note: see criteria above)
Rural Conservation zone	Rural Conservation zone Countryside Living zone Mixed Rural zone Rural Production zone
Rural Coastal zone	Rural Coastal zone Countryside Living zone Mixed Rural zone Rural Production zone.
Mixed Rural zone	Mixed Rural zone Countryside Living zone Rural Production zone
Rural Production zone	Rural Production zone Countryside Living zone Mixed Rural zone
Future Urban Zone	Rural Production zone Countryside Living zone Mixed Rural zone

5.Transferable rural site subdivision: Controls for transferable rural site subdivision through legal protection of an SEA

a.All transferable rural site subdivision through legal protection of an SEA must comply with the controls below:

i.All areas proposed to be legally protected in order to support an application for a transferable rural site subdivision must be located in an area identified as a SEA.

ii.All transferable rural site subdivisions under this control must be between only those donor and receiver sites set out in Table 7 below:

- Sites being subdivided in an identified receiver area must:

-have a minimum net site area that complies with the applicable minimum net site area for subdivision located in the Countryside Living zone or a rural or coastal village. (Refer table setting out minimum net site areas)

-meet all the applicable Auckland-wide subdivision rules

-comply with the general rules for subdivision in the applicable zone

-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 or wetland as applicable.

- All applications must include a management plan that:

-specifies the protective measures proposed to ensure the SEA and buffer area remains protected in perpetuity

-specifies any enhancement measures proposed to be carried out within or adjacent to the indigenous vegetation or wetland proposed to be protected

-has been prepared by a suitably qualified and experienced person

-the assessment of whether the maintenance of plantings has been achieved shall be undertaken by a suitably qualified and experienced person.

- All applications must include a management plan that includes the following matters, which must be implemented prior to the council issuing a s. 224(c) certificate:

-the establishment of secure stock exclusion

-the maintenance of plantings must occur until the plantings have reached a sufficient maturity to be self-sustaining, and have been in the ground for at least three years for wetlands, and have reached 80 per cent canopy closure for other ecosystem types. The survival rate shall ensure a minimum 90 per cent of the original density and species

-the maintenance of plantings must include the ongoing replacement of plants that do not survive

-the maintenance of plantings must ensure that all invasive plant pests are eradicated from the planting site both at the time of planting and on an on-going basis and plants released from kikuyu as necessary to ensure adequate growth

-the maintenance of plantings must ensure animal pest control occurs.

- Any proposed transferable rural site subdivision that does not comply with this control is a non-complying activity.

ii.Areas of indigenous vegetation or wetland within any SEA proposed to be legally protected to support an application for transferable rural site subdivision must:

•be comprised of contiguous indigenous vegetation or wetland

•not be legally protected other than under the Unitary Plan

•not have been used to support a transferable rural site subdivision under this Unitary Plan or a previous district plan

•if a wetland, be at least 0.5ha plus a 20m buffer area around the wetland

•if indigenous vegetation, be at least 5ha

•if an area of threatened ecosystems or threatened species, be at least 3ha

•not be used to create more than the number of new sites set out in Table 8.

viii.be made subject to a legal protection mechanism that:

•protects 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

•is consistent with the legal protection mechanism noted in clause 6 below.

ix.the legal protection mechanism must require all of the following:

•permanent protection of the site

•implementation of the management plan

•permanent exclusion of all livestock from the protected area

•the protected area to be maintained in perpetuity, including carrying out pest control measures

•the consent holder to meet the full cost of complying with the above terms

x.following legal protection of the indigenous vegetation or wetland and wetland buffer areas, land in an identified receiver area may be subdivided.

6.Legal protection mechanism

a.Where the plan refers to indigenous vegetation or wetland being subject to a legal protection mechanism, that mechanism must include the following features:

i.legal protection in perpetuity of the indigenous vegetation or wetland and any area of required enhancement or restoration plantings. An agreement to the satisfaction of the council regarding an encumbrance, bond, consent notice, covenant or vesting as reserve must be entered into before the issue of the s. 224(c) certificate under the RMA. The legal protection mechanism must be in accordance with the relevant terms of the Reserves Act 1977 or the Queen Elizabeth II National Trust Act 1977. The legal instrument must provide protection in perpetuity, and must include enforcement and penalty provisions. Legal protection must be prepared and implemented at the applicant's expense

ii.the indigenous vegetation or wetland and any area of required enhancement or restoration plantings to be protected is maintained free of livestock through appropriate stock proof fencing or where livestock access is prevented by topographical or natural features

iii.in every case where enhancement or restoration planting is required as a condition of the subdivision consent, the s. 224(c) certificate will be issued only after the required works have been undertaken and the planting has satisfied the required consent conditions

iv.in every case where legal protection is to be placed on an area of indigenous vegetation or wetland and any area of required enhancement or restoration plantings, the release of a s.224(c) certificate will occur only after the effective implementation of an animal pest management plan. “Animal pests” are those animal species listed as “total control pests’, “containment pests”, or “surveillance pests” in the Auckland Council’s current Regional Pest Management Strategy

v.a condition of consent must be recorded as a consent notice and must be placed on the certificate of title containing the protected indigenous vegetation or wetland and any area of required enhancement or restoration plantings, requiring the ongoing control of animal and plant pests in accordance with an approved management plan

vi.all certification required must be carried out by a suitable qualified and experienced person and at the applicants expense as appropriate.

ii.Certification prior to issue of s.224(c) certificate:

•A report from a suitably qualified and experienced person that certifies that the enhancement and/or restoration requirements of the relevant controls in clause 5 above have been achieved. In this context, a person will not be considered to be suitably qualified and experienced unless they are a qualified ecologist with appropriate experience in this type of work.

7.Boundary adjustments and boundary relocations

a.Table 9 below, specifies the activity status for boundary adjustments and boundary relocation subdivision activities in all rural zones

b.All boundary adjustments and boundary relocations must comply with the rules in the general subdivision section and:

i.boundary adjustments must not exceed 10 per cent of the original site area. Any boundary adjustment that exceeds 10 per cent of the original site area may be considered as boundary relocation if it meets the controls for boundary relocation.

ii.be sites comprised of Certificates of Title that existed on the date of notification of this Unitary Plan.

iii.if any subdivision to adjust or relocate boundaries under this control creates the potential for additional subdivision or dwellings over and above what was possible for each site prior to the boundary adjustment or boundary relocation, a legal covenant or consent notice under s. 221 of the RMA must be registered on the titles prohibiting;

•any further subdivision; and/or

•new dwellings.

iv.minimum net site area of all sites following boundary adjustment or boundary relocation:

•sites in the Countryside Living zone: the applicable Countryside Living zone minimum site area and minimum average site area rules apply

•sites in the Rural Conservation, Rural Coastal, Mixed Rural, or Rural Production zones: 2ha.

8.Subdivision in the Countryside Living zone.

a.Minimum and average net site areas

i.The minimum net site area and the average net site area of all countryside living sites is as stated in Table 10. below, or as stated in an applicable precinct.

ii.The average net site area of all residential sites following subdivision is calculated per scheme plan, and no credits will be carried forward to future scheme plans. Note: The purpose of this rule is to provide guidance about the anticipated density of development within each Countryside Living zone.

iii.Subdivision in a Countryside Living zone that does not comply with the applicable minimum net site area, or average net site area set out in Table 16. below is a non-complying activity.

b.Minimum frontage for all sites intended for countryside living

i.The minimum frontage for front sites is 15m.

ii.The minimum frontage for rear sites is 6m.

iii.The minimum frontage for all sites intended for any purpose other than countryside living must demonstrate that the site has a shape that can accommodate the proposed activity.

iv.Subdivision that do not comply with this control is a non-complying activity.

c.Table of minimum and average net site areas

i.Site sizes for proposed sites must comply with the minimum net site areas specified in Table 10 below.

ii.Transferable rural site subdivision receiver sites must be located in the Countryside Living zones listed in Table 10 below. In the table, ‘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 Countryside Living zones.

iii.Subdivision that does not comply with this control is a non-complying activity unless otherwise stated.

d.Specified building area

i.Every site on which a dwelling is anticipated must contain a specified building area which must be shown on the scheme 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 parking and manoeuvring areas can be located.

9.Minimum site area in the Mixed Rural and Rural Production Zones

a.Minimum site area: 150ha

b.Any subdivision that does not comply with clause 9(a) above shall be a prohibited activity.

1.The council will consider the relevant assessment criteria below for the controlled activities listed above.

The council will restrict its discretion to the matters below for the activities listed as restricted discretionary in the activity table.

1.Boundary adjustments

i.refer to section 3.1.

2.Subdivision establishing esplanade reserves

i.the provision, design, purpose and location of any reserve, esplanade reserve or strip.

3.Subdivision of land within 1 per cent AEP 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

vi.de-compaction of soils.

4.Subdivision for network utility in the Future Urban zone

i.the provision, design, purpose and location of any proposed site for a network utility.

5.Subdivision around existing development and subdivision in accordance with a resource consent.

i.the design and layout of the proposed sites in relation to existing or approved development.

6.Any other restricted discretionary subdivision, see table 13 below.

The council will consider the relevant assessment criteria below for the restricted discretionary activities listed above.

1.Boundary adjustments

a.Refer to section 3.2.

2.Subdivision establishing esplanade reserves

a.Sites proposed for reserves should:

i.integrate with the surrounding open space network where possible

ii.be physically suitable and designed appropriately for the intended recreational use.

b.An esplanade reserve or strip greater than 20m wide may be required where there is a potential increased demand for recreational use or 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.An esplanade reserve or strip greater than 20m wide may be required where access to an existing or possible future reserve or strip can be enhanced.

d.An esplanade reserve or strip greater than 20m wide may be required where the additional area is required to mitigate effects of natural hazards.

e.The 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:

i.enable public access to an esplanade reserve which otherwise would be land-locked, or 

ii.to create a network linking esplanade reserve with public road or other public space.

3.Subdivision of land within 1 per cent AER floodplain

a.Subdivision of land that is within the 1 per cent AER floodplain must provide for:

i.design of developments so that the greatest intensity of future development (impervious area coverage) is located in places where necessary earthworks and resulting stormwater discharges have least impact on the amenity and ecological values of natural drainage systems

ii.identification and protection of overland flow paths

iii.identification and maintenance of natural stream systems, including intermittent streams where they contribute to the ecological values of streams

iv.incorporation of water sensitive design approaches, including in the design of roads, reserves and sites

v.ensuring the sites can accommodate on-site retention of stormwater where this is needed due to Stormwater Management Areas: Flow rules, and or catchment management or structure plan requirements

vi.decompaction of soils after earthworks or otherwise remediation to enhance natural absorption capability of soils.

4.Subdivision for network utility 

a.Whether the subdivision, through its design, location or purpose, will adversely affect the future development of any land within the Future Urban zone.

5.Subdivision around existing development and subdivision in accordance with a resource consent

a.Subdivision should not result in any existing part of an development ceasing to comply or increasing any existing degree of non-compliance with the applicable Auckland-wide and zone rule in relation to the new boundaries created, except where:

•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

•a land use resource consent has been approved for the infringement

-the scale and effects associated with the infringement were assessed in an approved land use resource consent.

6.Any other restricted discretionary subdivision see table 14 below.