1.The number of dwellings on a site must not exceed the limits specified in Table 3 below:

2.In the Mixed Housing Suburban and Mixed Housing Urban zones the densities above apply where:

a.the frontage specified must apply for at least 80 percent of the length of the side boundaries

b.sites with a frontage between 10m and 12.49m must include a legal mechanism that restricts the width of a garage and vehicle crossing for any subsequent building development to a single car width except where a rear lane provides legal access

3.Development that does not comply with the controls in rule I1.3.1 Maximum Density or clauses 1-2 above is a non-complying activity.

1.New residential developments containing 15 or more dwellings/vacant sites must provide for affordable dwellings/vacant sites that are either relative affordable or retained affordable that will meet the requirements of clauses 2-8 below.

2.All resource consent applications requiring the provision of affordable dwellings/vacant sites must be accompanied by details of the location, number and percentage of relative and/or retained affordable dwellings/vacant sites.

3.Affordable dwellings/vacant sites must be spread throughout the development, with no more than six in any one cluster.

4.For staged developments, a proportionate number of affordable dwellings and/or vacant sites must be provided at each respective stage on a pro rata basis and spread throughout the development in accordance with clause 3 above.

5.For apartments, no more than one-third of the total number of identified affordable dwellings must be located on a single building level/storey, unless the development is two levels, in which case no more than half of the identified affordable dwellings must be located on a single level.

6.If the calculation of the percentage of dwellings (and/or vacant sites) that must be affordable dwellings (and/or vacant sites) results in a fractional dwellings (or vacant site) or one-half or more, that fraction is counted as one dwelling (or vacant sites) and any lesser fraction may be disregarded.

7.For avoidance of doubt, the land use rules do not apply to resource consent applications processed under the Housing Accords and Special Housing Areas Act 2013 (“HASHAA”) as the provisions specified in the relevant Order in Council amendment to that Act apply. The above provisions apply to consents that are not processed under the HASHAA.

8.Affordable housing that does not comply with clauses 1-7 above is a discretionary activity.

1.For new residential developments containing 15 or more dwellings or involving the creation of 15 or more vacant sites, (or a mixture of both with the total cumulative number of dwellings and/or vacant sites being 15 or more), at least 10 percent of the total number of dwellings/vacant sites must be relative affordable and meet the following criteria:

a.the price at which a dwelling may be sold does not exceed 75 percent of the Auckland region median house price (calculated as an average of three calendar months previous to the date the application for resource consent is approved or the date on which all appeals on the resource consent application are finally resolved, whichever is the later) that is published by the Real Estate Institute of New Zealand.

b.if the application is for a subdivision consent, the applicant must identify the sites of the subdivision allocated for the building of relative affordable dwellings and must specify the mechanism (consent notice for example) to ensure that the combined value of the building and the land on completion will meet that criterion or is a building associated with such a dwelling.

c.any dwellings built on vacant sites identified for affordable housing must be sold to first home buyers who must reside in the dwelling from the date of transfer.

2.Relative affordable housing that does not comply with clause 1 above is a discretionary activity.

1.Prior to the first transfer of affordable dwellings (including new dwellings that have never been occupied and are built on vacant sites identified for affordable dwellings), the consent holder must provide the Council with a statutory declaration that confirms the sale complies with the following eligibility requirements:

a.the purchaser has a gross household income, as at the date of the statutory declaration, that does not exceed 120 percent of the Auckland median household income as set at the date the sale and purchase agreement becomes unconditional;

b.the consent holder has sold the dwelling (and any associated parking that is required by resource consent, and storage) at a price which is not more than that defined by the 75 percent median price in accordance with rule 3.3(1) (a) above;

c.the purchaser is a first home buyer and has never owned any other real property; d. the purchaser is a natural person purchasing the affordable dwelling in their own name and not in the name of any other person or entity.

2.Prior to the transfer of a vacant site identified for affordable dwellings, the purchaser shall be made aware of the consent notice mechanism required to ensure any building built on the site is a dwelling that will meet the relative affordable criteria in rule 3.3(1)(b) above or is a building associated with such a dwelling.

3.Prior to the transfer of a vacant site identified for an affordable dwelling to a purchaser that intends to develop, own and occupy the affordable dwelling themselves, the consent holder shall provide the Council with a statutory declaration executed by the intended purchaser that confirms the sale complies with the following eligibility requirements:

a.the purchaser has a gross household income, as at the date of the statutory declaration, that does not exceed 120 percent of the Auckland median household income as set at the date of the sale and purchase agreement became unconditional; b. any development of the site shall be such that the combined value of the dwelling and the land upon completion, as confirmed by a registered valuation, shall be no more than that defined by the 75 percent median price in accordance with rule 3.3(1)(a) above;

c.the purchaser intends to own and occupy the affordable dwelling exclusively as their residence from the date of purchase;

d.the purchase is a first home buyer and has never owned any other real property

e.the purchaser is a natural person purchasing the affordable dwelling in their own name and not in the name of any other person or entity.

4.A consent notice shall be placed on the computer freehold register for the respective affordable dwellings/vacant sites requiring the above eligibility criteria to be met for 3 years from the date of transfer to the first eligible purchaser.

5.Relative affordable housing that does not comply with clauses 1-4 above is a discretionary activity.

1.Purchasers in respect of retained affordable housing must be a registered community housing provider or the Housing New Zealand Corporation.

2.Retained affordable housing that does not comply with clause 1 above is a discretionary activity.

1.For new residential developments containing 15 or more dwellings or involving the creation of 15 or more vacant sites (or a mixture of both with the total cumulative number of dwellings and/or vacant sites being 15 or more), at least five percent of the total number of dwellings, or vacant sites, in any development must be retained affordable and meet the following criteria:

a.the price at which a dwelling may be sold would mean that the monthly mortgage payments for a household receiving the Auckland median household income (as published by Statistics New Zealand for the most recent June quarter before the date the application for resource consent application or any appeals to the decision on that application are finally resolved, whichever is the later) would not exceed 30 percent of the household’s gross monthly income, based on the assumptions that:

i.the dwelling is purchased with a 10 percent deposit; and

ii.the balance of the purchase price is financed by a 30-year reducing loan, secured by a single mortgage over the property, at a mortgage interest rate equal to the most recent average two-year fixed rate. The interest rate used is that published most recently by the Reserve Bank of New Zealand, in relation to the date application for resource consent is made.

2.As part of the resource consent application evidence must be provided to demonstrate a Community Housing Provider will purchase the dwellings/sites. Prior to transfer of the retained affordable dwellings/sites a Council approved statutory declaration must be returned by the consent holder to demonstrate the dwellings/sites are sold at the price point outlined in clause 1 above.

3.Retained affordable housing that does not comply with clauses 1-2 above is a discretionary activity.

1.For retirement village developments (including any redevelopment creating additional units) containing 15 or more units, either:

a.at least 10 percent of the total number of units must be relative affordable for three years from the date of purchase. If a dwelling is sold or otherwise transferred or licensed during this timeframe it must continue to meet the required price point set out below until such time that it does not apply:

i.the units classed as relative affordable will be valued at no more than 65 percent of the Auckland region median house price that is published by the Real Estate Institute of New Zealand for the most recent full calendar month preceding the date on which the application for resource consent is approved or the date on which all appeals on the resource consent application are finally resolved, whichever is the later;

ii.the price point as required by clause 1 above must include annual charges for maintenance and refurbishment at the retirement village but exclude entry costs, transfer costs, periodical charges, rates and insurance.

2.Affordable housing in a retirement village that does not comply with clause 1 above is a discretionary activity.

1.The purchaser(s)/resident(s) must have a gross household income that does not exceed 150 percent of the NZ superannuation income receivable, current at the date of purchase.

2.Relative affordable housing in a retirement village that does not comply with clause 1 above is a discretionary activity.

1.The total gross floor area for all retail and commercial activities that establish in the Neighbourhood Centre zone must not exceed 1,000m².

2.Development that does not comply with clause 1 above is a non-complying activity.

1.Buildings in the Mixed Housing Suburban zone must not exceed 9m in height.

2.Buildings in the Mixed Housing Urban zone must not exceed 11m in height.

3.Buildings in the Mixed Use zone must not exceed 12.5m in height.

1.Table 4

2.The rear yard in Table 4 above (clause 1) does not apply where the site adjoins a rear lane or access lot.

1.Maximum building coverage for proposed sites in the Mixed Housing Suburban and Mixed Housing Urban zones, with a density less than or equal to one dwelling per 400m²: 50 percent.

2.Maximum building coverage for proposed sites in the Mixed Housing Suburban and Mixed Housing Urban zones with a density greater than one dwelling per 400m²: 40 percent.

1.The maximum impervious area in the Mixed Housing Suburban and Mixed Housing Urban zones must not exceed 70 percent.

1.The front façade of a dwelling or dwellings on a front site must contain:

a.glazing that is cumulatively at least 20 percent of the area of the front façade (excluding the garage door)

b.a main entrance door that is visible from the street.

1.Fences in the front yard must not exceed 1.2m in height.

2.Fences along any boundary that adjoins public open space, including the esplanade reserve, must have a maximum height of 1.5m and be a minimum of 70 percent visually permeable. The exception to this rule is where fences are proposed on retaining walls or structures that are more than 0.5m above the ground level at the base of the retaining wall or structure, then the maximum fence height must be 1m.

1.A garage door facing a street must be no greater than 50 percent of the width of the front façade of the dwelling to which the garage relates.

2.Garage doors must not project forward of the front façade of a dwelling.

3.The garage door must be set back at least 5m from the site’s frontage.

1.The ground floor of buildings in the Mixed Use zone subject to a key retail frontage overlay must have clear glazing for at least 75 percent of its width and 75 percent of its height.

1.At least 40 percent of the front yard must comprise landscaped area.

2.For proposed sites that are adjacent to the esplanade reserve, landscaping must be provided along the esplanade reserve boundary in conjunction with any boundary fence that exceeds 1.2m in height.

3.Landscaping must be undertaken within the site (not within the esplanade reserve), have a minimum depth of 1.5m, and be provided along the entire length of the fence.

1.Retaining walls of 1.0m or more in height adjoining the esplanade reserve boundary must plant trees for a depth 0.6m in front of the retaining wall as illustrated in Figure 1 below.

1.In catchments shown on the Hingaia North structure plan as draining to streams all new impervious surfaces of 50m² and over must be designed to achieve the following:

a.provide retention (volume reduction) of at least 5mm of runoff depth for the impervious area for which hydrology mitigation is required.

b.provide detention (temporary storage) and a drain down period of 24 hours for the difference between the pre-development and post-development runoff volumes from the 90th percentile, 24 hour rainfall event minus the 5mm retention volume (11.5mm) or any greater retention volume that is achieved over the impervious area for which hydrology mitigation is required.

2.In catchments shown on the Hingaia North structure plan as draining to the coast (including via ephemeral streams) all new impervious surfaces of 50m² and over must be designed to achieve the following:

a.provide retention (volume reduction) of at least 5mm of runoff depth for the impervious area.

3.In catchments shown on the Hingaia structure plan shown as requiring retention and half the detention volume; all new impervious surfaces of 50m² and over must be designed to achieve the following:

a.provide retention (volume reduction) of at least 5mm of runoff depth for the impervious area for which hydrology mitigation is required. 

b.provide half the detention (temporary storage) and a drain down period of 24 hours for the difference between the pre-development and post-development runoff volumes from the 90th percentile, 24 hour rainfall event minus the 5mm retention volume (5.75mm) or any greater retention volume that is achieved over the impervious area for which hydrology mitigation is required, provided that

c.the remaining detention volume (5.75mm) is directed to a communal device designed and sized to accommodate flows from the site.

4.In catchments shown on the Hingaia North structure plan as draining to a wetland all new impervious surfaces must be directed to a wetland that has been designed and sized to accommodate flows from the site OR are directed to devices designed to achieve the following: 

a.provide retention (volume reduction) of at least 5mm of runoff depth for the impervious area for which hydrology mitigation is required.

b.provide detention (temporary storage) and a drain down period of 24 hours for the difference between the pre-development and post-development runoff volumes from the 90th percentile, 24 hour rainfall event minus the 5mm retention volume (11.5mm) or any greater retention volume that is achieved over the impervious area for which hydrology mitigation is required.

5.Stormwater runoff must be directed to an on-site device designed and sized to accommodate stormwater runoff from clauses 1 to 4 above.

6.Stormwater device/s on private land: 

a.must be maintained by the site owner in perpetuity. A consent notice to that effect must be registered on the Certificate of Title at the time the purchase is settled.

b.where rainwater tanks are proposed for a dwelling to achieve the retention requirements of clause 4(a), the rainwater tank must be dual plumbed to non-potable uses such as the toilet as a minimum

7.Compliance must be demonstrated to the Council in conjunction with any application for building consent, or by way of a certificate of compliance or at the time of subdivision.

1.Each site fronting or having direct access to a road shown as a vehicle access restriction road in the precinct diagram 2 must be able to provide sufficient on-site manoeuvring space to avoid vehicles reverse manoeuvring onto streets.

2.Sites fronting “no vehicle access” streets shown on precinct diagram 2 must not have driveways fronting onto those streets.

1.Minimum site sizes must comply with Table 5 below:

2.In the Mixed Housing Suburban and Mixed Housing Urban zones the densities above apply where:

a.the frontage specified must apply for at least 80% of the length of the side boundaries

b.sites with a frontage between 10m and 12.49m must include a legal mechanism that restricts the width of a garage and vehicle crossing for any subsequent building development to a single car width except where a rear lane provides legal access.

1.Roads must be provided in general accordance with the Hingaia North structure plan.

2.The road network must be constructed to the standards contained in Table 6 below:

Table 6: Roading construction standards

3.Where local roads are proposed along the north-south key pedestrian and cycle path shown on the Hingaia North structure plan, the local road typology must include a 3.0m combined cycle and footpath on one side.

4.Direct access to lots located on the north side of Hingaia Road must not be obtained from Hingaia Road.

5.Unsealed berm, free of planting and of sufficient dimensions must be made available immediately adjacent to the road boundary of all lots for the installation, operation, maintenance, and upgrading of electricity supply infrastructure on all categories of road, consistent with the Road Construction Standards in Table 6 above.

1.Riparian margins must be established either side of the banks of a stream (shown on the Hingaia North structure plan as riparian margin) to a minimum width of 10m measured from the bank of the stream, where the location of the bank can be physically identified by ground survey, or from the centreline of the stream where the bank cannot be physically identified by ground survey.

2.Riparian margins must be planted in native vegetation.

3.Riparian margins must vest in the Council as local purpose drainage reserves.

1.A consent notice must be registered on the Certificates of Title for lots that adjoin land zoned Public Open Space, including the esplanade reserves, requiring that landscaping be undertaken in accordance with rule 4.9 of this precinct.

2.The detailed design of landscaping within roads and public open spaces (including the esplanade reserve), and on lots that adjoin public open space areas, must be undertaken in parallel with the engineering plan approval process.

1. A consent notice must be registered on the Certificates of Title for lots requiring that fences are erected in accordance with rule 4.6 above.

1.Refer to the affordable housing land use controls in rules 3.2 to 3.8 above.

a.stream channels must be used to convey flood flows and must be capable of passing the 1 percent AEP without generating effects on adjacent properties and designed to Auckland Council standards;

b.overland flow paths that convey greater than two cumecs must be located on public land.

a.hours of operation

b.parking and traffic.

a.effects on the natural character and landscape values of the coast

b.amenity and character of public open spaces

c.landscaping

d.fencing

e.natural hazards.

a.the Council will consider the matters of discretion applying to four or more dwellings in the Mixed Housing Suburban zone set out in I10.1.3(a)-(g).

a.effects on pedestrian and streetscape safety and amenity

b.effects on the transport network.

a.consistency with the Hingaia North structure plan

b.design, location and scale of development

c.design and location of roads, accessways, cycle and pedestrian routes and public transport

d.road access restrictions

e.treatment of natural stream systems and riparian corridors

f.landscaping

g.coastal amenity

h.subdivision adjoining existing or proposed esplanade reserves

i.refer to matters of discretion in clause 2 above

i.stormwater management

j.natural hazards

a.hours of operation should respect the character of the surrounding neighbourhood

b.the number of people involved and the traffic generated by the activity should be compatible with the street function

a.the extent to which the dwellings complements the landscape character and amenity values of the coastal environment including esplanade reserves

b.the design of buildings and associated driveways, parking areas and other structures should minimise the visual appearance of buildings and structures when viewed from the coastal environment by:

i.using low reflectivity glass and recessive colour schemes

ii.introduce visual interest through variety of architectural detail and building materials

iii.avoid buildings with long unrelieved frontages and excessive bulk

c.landscape treatment should maintain and enhance the natural landscape character of adjoining esplanade reserves, natural drainage patterns, the coastal margin and views into the land from the Manukau Harbour

d.existing trees should be retained to create a sense of place having regard to:

i.the health, form and condition of the trees (or group of trees)

ii.the extent to which the tree (or group of trees) can be appropriately accommodated into subdivision design and layout in a manner that will safeguard the future health, form and condition of the tree(s)

iii.the amenity value of the tree (or group of trees) and its contribution to the overall landscape character and visual amenities of the Hingaia North precinct

e.a landscaping plan showing the species to be planted and the density of planting should be provided

f.fencing designs should address how an active private-public interface can be achieved on residential land adjoining esplanade reserves

g.development should provide for the maintenance and enhancement of coastal yards and esplanade reserves in a naturalised state to avoid or minimise coastal erosion

h.the extent to which proposed subdivision at the coastal interface minimises the need for retaining wall structures and, where retaining structures are required, the extent to which the proposal minimises the length, height and visual prominence of the retaining structures

a.the Council will consider the assessment criteria applying to four or more dwellings in the underlying Mixed Housing Suburban zone set out in I1.10.2.3(a)-(g).

a.vehicle access restrictions for future lots adjoining Hingaia Road

b.lots subject to a vehicle access restriction should be designed to provide rear lanes which are safe and visually attractive by using quality paving and landscaping and a street lighting theme

c.pedestrian access to the front doors of buildings should be provided off the respective road

d.the presence of vehicle crossings or accessways should be clearly signalled to pedestrians

e.ramps, where necessary, should be integrated into the design of the buildings and landscaping

f.where spaces are designed as shared spaces, pedestrians should have priority

g.effects of the location and design of the access on the safe and efficient operation of the adjacent transport network.

a.design location and scale of development

i.subdivision should be in general accordance with the:

•Hingaia North structure plan

•

     Objectives and policies for this precinct

b.design and location of roads, accessways, cycle and pedestrian routes and public transport should

i.

      be of a suitable size and location to accommodate the proposed activity

ii.

      generally be consistent with the locations shown on the structure plan and provide a highly inter-connected and walkable roading network

iii.

      address Crime Prevention through Environmental Design principles

iv.

      be consistent with the roading typologies in Diagram 2

v.

      create roads which function as high quality public spaces and incorporate quality amenity features such as tree planting and footpath paving and a street lighting theme

vi.

      pedestrian and cycle paths should be of a scale, form, design and layout that facilitates public access to the coast and creates a high amenity interface between the urban area and the coast

c.road access restrictions

i.

      refer to the assessment criteria in clause 4 above

d.treatment of natural stream systems and riparian corridors

i.

       stream enhancement along existing streams should be preserved as shown on the structure plan

e.landscaping

i.

      refer to the assessment criteria in clause 2(c) to (f) above

f.coastal amenity

i.

       the extent to which the proposed subdivision will facilitate views of and access to the coast

ii.

       the extent to which proposed subdivision will provide for an active private-public interface on residential land adjoining esplanade reserves

g.subdivision adjoining existing or proposed esplanade reserves

i.

       the Council will consider the assessment criteria in clause 2(a)-(h) above

h.stormwater management

i.

       consistency with the approved Stormwater Management Plan

ii.

       the Council will consider the relevant assessment criteria listed under Stormwater Management – Flow in H4.14.1.4.2.1(a)-(e)

i.natural hazards

i. the extent to which proposed subdivision at the coastal interface minimises the need for retaining wall structures and, where retaining structures are required, the extent to which the proposal minimises the length, height and  visual prominence of retaining structures

1.On-site stormwater management – new impervious surfaces

a.items (a)-(d) listed in H4.14.1.4.1(a)-(d) Stormwater Management – Flow

b.effects on sites intended for affordable housing.

c.stormwater quality.

a.the Council will consider assessment criteria H4.14.2.4.2.1(a)–(e) [Stormwater Management – Flow] and assessment criteria H4.14.3.4.1(a)-(f) [Stormwater Management – Quality] 

b.whether consent notices are required on the Certificates of Title for new lots to ensure compliance with the on-site stormwater management requirements

1.An application for subdivision consent within 50m of the coast must be accompanied by a geotechnical and coastal erosion report.

a.built by a registered community housing provider or the Housing New Zealand Corporation; or

b.sold to a registered community housing provider or the Housing New Zealand Corporation; and

c.sold at a price defined by the Auckland median household income as published by Statistics New Zealand for the most recent June quarter before the date the application for resource consent is approved or the date on which all appeals on the resource consent application are finally resolved, whichever is later.

a.bought by first home buyers and intended to remain in the same ownership for three years from the date of first transfer, where the purchaser has a gross household income that does not exceed 120 percent of the Auckland median household income as set at the date the sale and purchase agreement becomes unconditional.

b.sold at a price that does not exceed 75 percent of the Auckland region median house price published by the Real Estate Institute of New Zealand and calculated as an average of three calendar months prior to the date the application for resource consent is approved or the date on which all appeals to the resource consent application are finally resolved, whichever is later

a.social rental housing

b.affordable rental housing.