Auckland Council District Plan - Operative Waitākere Section 2003 introduction to the rules
The rules section of the plan contains four sets of rules:
- the
city-wide rules
- the
natural area rules
- the
human environment rules
- the
subdivision rules
For many proposed activities, there will be relevant rules that apply to that
activity in each of these four parts. All four parts should therefore be consulted
for relevant rules applying to an activity. The plan generally contains cross-references
in each part to other relevant parts.
The operative plan has been amended as a consequence of the decisions made by
council, and appeals (references) which had been resolved as at November 2004. In
respect of outstanding appeals (references) the Plan has been annotated as follows:
Where a provision is subject to notice(s) of appeal, the text to which the appeal
relates will be indicated by the relevant appeal number in brackets as follows:
retail goods are confined to goods produced on the site; and (A63) where a notice
of appeal seeks the addition of a provision not currently contained in the rules,
the following annotation has been used to indicate the section where that provision
would most logically be located (see also A91).
Introduction to natural area rules
There are a number of 'natural areas' identified in the plan. Every part of
Waitākere
City is within one or other of the natural areas. These natural areas are the basis
for rules which appear in the
natural area rules.
The natural areas are:
- General natural area: covering developed parts of the city,
generally with low or little native vegetation cover. Important natural resources
include trees, water systems, landforms and ecological linkage opportunities.
- Restoration natural area: covering areas in the city which
have been identified as having significant native vegetation, but of a lower
quality than that identified as managed natural area.
- Managed natural area: covering areas which are characterised
by significant native vegetation, wildlife habitats and water systems. The area
is also an important landscape feature. This natural area is primarily located
in the Waitākere Ranges, although there are sizeable portions in the rural areas
and eastern lowlands.
- Coastal natural area: covering an area extending along
the West Coast, around the Manukau Harbour and alongside parts of the Waitemata
Harbour. It is an area of outstanding coastal landscape quality, and it also
includes important areas of native vegetation, wildlife habitat and streams
and lakes with high water quality and aesthetic values.
- Protected natural area: covering areas close to the coast
which have outstanding landscape quality and all other areas in the city (all
being in the Waitākere Ranges) which have been classified as having outstanding
native vegetation. Outstanding native vegetation is vegetation of the highest
value and importance in the city. This area also includes all of those parts
of the city which have been classified as outstanding natural features and the
whole natural area includes important wildlife habitats and sensitive water
systems.
- Riparian margins/coastal edge natural area: covering an
area extending around coastlines and adjoining important streams, rivers, wetlands
and lakes. This natural area forms an ecological buffer beside natural water
systems and does not provide for public access to private land.
- Sensitive ridgelines: Sensitive ridgelines, headlands,
cliffs and scarps cover areas of ridgelines, headlands, cliffs and scarps that
are sensitive to inappropriate subdivision, use and development. The rules managing
buildings on ridgelines, headlands, cliffs and scarps are contained in the human
environment rules. Otherwise refer to the relevant Natural Areas that underlies
the sensitive ridgeline, headland, cliff or scarp.
All of the above natural areas are shown on the
natural area maps. The natural areas maps also indicate natural landscape elements,
which are the subject of separate rules within the
human environment rules.
The policy section of the plan provides further explanation of these natural
areas and the natural resources that these areas have.
Introduction to human environments
The human environments reflect areas within the city which have noticeably different
characteristics, and possible effects on the environment, due to their past, present
and possible future development. The human environments, which are shown on the
human environment maps and covered by rules in the
Human environment rules are:
- Living environment: covering urban and suburban residential
areas of the City.
- Community environment: covering the town centres, suburban
shopping centres and blocks of shops.
- Open Space environment: covering land owned or managed
by the Council, the Auckland Regional Council or other public agencies.
- Working environment: covering the industrial/employment
areas of the city.
- Waitākere Ranges environment: covering areas within the
Waitākere Ranges in private ownership and generally bush-covered large sites.
- Bush living environment: covering areas within the
Waitākere
Ranges in private ownership, generally bush-covered and smaller sites.
- Countryside environment: covering the rural area to the
north of the City’s developed urban area.
- Foothills environment: covering that area between the developed
urban area westwards to the bush covered parts of the Waitākere Ranges.
- Rural villages environment: covering the villages located
in rural parts of the City, Herald Island, Whenuapai and Waitākere.
- Coastal villages environment: covering the settlements
along the Tasman Sea and Manukau Harbour Coast - Te Henga, Piha, Karekare, Huia,
Cornwallis and Parau.
- Transport Environment: covering all of the roads in the
city which are owned by the council or Transit NZ, and the railway corridor.
Introduction to special areas
Locations within the city that have special characteristics which separate them
out from the above human environments - Monterey Park (for Visitors), Westpark Marina,
Corbans Estate, (Bible) College, Quarry, Balefill, Harbourview, (Waitākere) Hospital,
(Te Atatu) Boat Club, Peripheral Growth Area, Lincoln Centre and Lincoln Park.
There is also a part of the human environments rules covering “scheduled sites”.
These are sites containing activities such as service stations and shops which are
within a human environment generally not catering for that type of activity, but
where the Plan gives the activity special recognition and protection.
Introduction to subdivision
The subdivision rules apply to all proposals for subdivision in the city. There
is a general rules section with specific rules relating to each of the human environments.
Rules cover design (lot size, etc.) and engineering (service provision etc.) matters.
Resource consents and notifications
Types of resource consent
There are two types of resource consent in this plan.
These are:
- Land use consents - which relate to the use and development of land, including
buildings on land.
- Subdivision consents - which relate to the subdivision of land.
There are a number of categories within which land use and subdivision are classified
in the plan. These categories are critical to the structure of the plan, and in
particular to the consideration which will apply in relation to different types
of development, and the opportunity for neighbours and the community generally to
be involved.
Permitted activities
Are permitted 'as of right' by the plan. No resource consent is required under
the plan for a permitted activity.
Controlled activities Δ7
Are allowed only if the resource consent is obtained. However, the council’s
discretion is limited to the rules and terms specified in the plan in respect of
the activity. The plan also states that controlled activities need not be publicly
notified, and written approvals will not be required, nor will the service of notice
to adversely affected persons under the limited notification provisions of the Act
be required. A consent must be given to a controlled activity (except in the case
of some subdivisions) but may be subject to conditions.
Limited discretionary activities Δ7
Are allowed only if a resource consent is obtained. Assessment of a limited discretionary
activity is limited to the rules and terms specified in the plan in respect of the
activity. The plan states that limited discretionary activity applications need
not be notified and written approvals will not be required, nor will the service
of notice to adversely affected persons under the limited notification provisions
of the Act be required. However, conditions may be imposed on resource consents,
and resource consents may be refused.
Discretionary activities
Are allowed only if a resource consent is obtained. The plan may contain rules
and terms relating to a discretionary activity. It will normally be the case that
a written consent or consents from affected persons will be required or the application
will be publicly notified. A resource consent may be subject to conditions, or may
be refused.
Non-complying activities
Are activities which do not meet specific rules set out in the plan and can only
proceed if a resource consent is obtained. The council cannot grant a resource consent
for a non-complying activity unless it is satisfied:
- that adverse effects on the environment will be minor, or
- the granting of consent will not be contrary to the objectives and policies
of the plan.
Even if council is satisfied on the above tests, resource consents for non-complying
activities can be refused, or only granted subject to conditions.
Prohibited activities
No resource consent application can be made for a prohibited activity.
Written consents and notification - discretionary activities and noncomplying activities
The following is a guideline only to assist applicants and interested parties.
It is not intended to limit the council’s discretion or responsibilities under Section
94 of the Act.
1. For discretionary activity applications seeking resource consent in respect
of the following matters, applications will generally not be notified:
- Minor additions or alterations to existing non-residential activities which
do not significantly change the character or overall scale of the activity.
2. For discretionary activity applications seeking resource consent in respect
of the following matters, applications will generally not be notified if the written
consents of the owners of adjoining sites are submitted.
- building height
- yards
- height in relation to boundaries
- privacy and amenity
- car parking and outdoor storage areas
- building development or design and location (community, working, and transport
environments only)
- building coverage
- outdoor storage.
3. For discretionary activity applications seeking resource consent in respect
of the following matters, applications may not be notified, if the written consents
of affected persons are submitted:
- residential activities/density
- building location - natural landscape elements
- pipes having an above ground length not exceeding 100m
- above ground infrastructure where the proposal involves extensions to or
upgrading of existing infrastructure, or where the proposal involves connections
between existing above ground infrastructure
- odour, dust, vibration and lighting
- street trading
- Community Environment Rule 11.3(c) Residential Activities {A203, A211, A217}
- Living Environment Rule 2.3(c) Residential Activities {A203, A211, A217}.
4. For discretionary activity applications seeking resource consent in respect
of the following matters, applications may not be notified after having regard to
council’s responsibilities under Sections 93 and 94 of the Act:
- subdivision in the Living Environment
- vegetation clearance and/or earthworks associated with any subdivision in
the Living Environment, which is a Permitted Activity, Controlled Activity or
Limited Discretionary Activity under the Subdivision rules
- Living Environment Rule 2.3 (a) and (b) Medium Density Housing and Apartments
in Living L5) Environment.
5. For discretionary activity applications seeking resource consent in respect
of the following matters, applications will generally be notified:
- all activities covered by the natural areas rules, except as specified in
(4) above
- non-residential activities
- any discretionary activity for shops pursuant to working environment rule
5.2
- traffic generation
- noise
- heritage
- infrastructure not covered in (3) above
- air discharges, odour, dust, glare and vibration
- esplanade reserves
- contaminated sites and hazardous facilities
- signs
- any discretionary activity for scheduled sites
- any discretionary activity for special areas
- any discretionary activity for commercial sex activities
- Community Environment Rule 5A Building Design - Street Frontages - New Lynn
- Community Environment Rule 6A – Building Height - New Lynn {A224}.
6. For discretionary activity applications seeking resource consent in respect
of development in the open space environment, those applications will be assessed
against the notification provisions of the Act.
7. For non-complying activity applications resource consents will generally be
notified, and in particular the following:
- Residential activities in the working environment (New Lynn).
Notified/non-notified resource consent application procedure
Δ7
The procedures adopted for notified, limited notified and non-notified applications
are as indicated in the Act. Particular points to note are:
- it is essential to submit sufficient information with the resource consent
application
- consideration of the application will not commence until sufficient information
has been received
- there is a fee for resource consent applications
- the council is generally obliged under the Act to (on the receipt of full
information):
- process non-notified applications within 20 working days
- process notified applications to the hearing stage within 60 working days(Note
that there are provisions in the Act allowing for an extension of time in certain
circumstances and there is a period over Christmas/New Year which is not included
in “working days”);
- in some circumstances an applicant dissatisfied with a decision can lodge
an objection to the council (see section 357 of the Act)
- decisions of the council can be appealed to the Environment Court.
Administrative charges
Section 36 of the Act provides for charges to be made for a wide range of matters.
Only actual and reasonable costs can be recovered. The council’s funding and rating
policy sets out, in general terms, cost recovery standards for resource management
matters. In some cases partial or no cost recovery is sought and in others charges
will be made to cover full costs. Reference should be made to the funding and rating
policy for details of cost recovery percentages. Costs information is available
from the council on request in relation to any category of charge or any specific
charge made.
The following is a guideline to applications, procedures, information and action
for which the council may charge a fee or recover costs. This guideline shall not
limit council's ability to impose charges authorised by section 36 of the Act.
Charges may be made for:
- land use consents (non-notified)
- land use consents (notified)
- subdivision consents (non-notified)
- subdivision consents (notified)
- certificates of compliance
- requests for plan changes
- processing of requirements for designations and heritage orders
- the provision of further information in relation to the above, whether provided
by the applicant or the council, or as required by conditions of resource consent
- the monitoring or supervision of resource consents,
- as required by conditions of resource consent
- plan material - policy, rules and maps
- the provision of information relating to resource consents.
Cross boundary concerns
Waitākere City abuts Rodney District to the North, Auckland City to the south
and North Shore City (across the Upper Harbour Bridge) to the east.
Cross boundary concerns which may arise include:
- land use activities and development strategies which may give rise to adverse
environmental effects in a neighbouring district
- roading and transportation matters, drainage systems, and infrastructure
which start in one district and cross over into one or more of the adjoining
districts
- resource consent matters primarily the concern of the regional council,
which may impact on one or more territorial authority districts.
In considering these issues, the council will be guided by the contents of the
Regional Policy Statement, any regional plan and the contents of this plan.
The council will consider significant resource management issues arising in the
district of an adjoining local authority which affect the city. In appropriate cases,
submissions will be prepared to that local authority in relation to such issues.
Where the council receives an application for a land use consent which is to
be notified and the activity may give rise to adverse environmental effects in a
neighbouring district, affected land owners in that district and the relevant Council
will generally be notified.
The council will, where appropriate, participate in joint hearings with other
territorial Councils, as provided for by section 102 of the Act, in situations where:
- the land use consent concerns roading, drainage systems or other infrastructure
or any similar network use which extends into a neighbouring district; or
- a requirement for a designation for such matters has been served on the
council.
Enforcement
The following are general guidelines to the enforcement approach which will normally
be taken by the council. They do not constitute rules or invariable procedures or
policies. They do not replace or limit the council’s discretion or responsibilities
under the Act, and they do not themselves constitute specific decision-making criteria
applied by the council.
Under section 84 of the Act the council is required to observe and, to the extent
of its authority, enforce the observance of its plan. The council has a discretion
as to how it enforces its Plan. It may do so by persuasion, by prosecution, by enforcement
order, by abatement notice, by combinations of those means, and in some circumstances
by other means which become available.
The council’s response to relevant breaches of the provisions of the Resource
Management Act and/or the district plan will depend upon the particular circumstances
- including for example the nature of the breach, the effects of the breach, and
the conduct and attitude of those responsible for the breach.
- In respect of a significant breach of a natural areas rule, the council’s
response will normally be immediate - with a view to taking appropriate action
to have the activity cease as soon as possible. Generally it will be the approach
of the council to initiate prosecution action for significant breaches in such
cases - with or without other measures.
- In respect of a significant breach of a rule relating to noise, odour, vibration,
air discharges, dust or safety, the council’s response will also normally be
immediate with appropriate action taken to have the activity cease as soon as
possible. Prosecution action may be initiated.
- Where a significant breach is occurring and continuing in relation to any
rule concerning the erection or alteration of buildings, the council’s response
will again normally be immediate with action taken to have the activity cease
as soon as possible. Again, prosecution may be initiated.
- In relation to breaches of rules relating to signs, the council may:
- if the sign is on property such as a road or a park owned by the council,
remove the sign immediately;
- if the sign is on property owned privately, take action in accordance with
5(i)-(iii) below.
- In the case of a breach of any rule not covered by 1-4 above, and in respect
of breach of conditions of resource consents, the following procedure may be
utilised:
- An investigation will be carried out by the council as soon as possible.
- If the investigation substantiates the complaint of breach, the site owner
and/or person responsible for the breach will be contacted, advised of the breach,
and asked to remedy the breach within a specified time.
- If suitable action is not taken to remedy the breach within the appropriate
period, further enforcement action may follow e.g. a prosecution, abatement
notice and/or enforcement order or interim enforcement order application.
Where it is unclear whether the activity constitutes a breach of a rule, a declaration
from the Planning Tribunal may be sought under section 311 of the Act.
In relation to noise issues a separate procedure is available in some instances
under section 327 of the Act. This allows a direction to be issued for the reduction
of excessive noise. If the direction is not complied with the noise source can be
removed or made inoperable. Such actions must be taken by the police or in conjunction
with the police.
Plan changes
The plan has a statutory ten year life. In recognition of this, considerable
effort has been placed into developing a plan which will be generally appropriate
over at least a ten year period. However, it is also the intention of the council
that the plan be a “live” plan, with reaction, where necessary and if possible,
to changes in the environment or better methods of dealing with environmental effects.
Needs for district plan changes may arise through council’s own monitoring mechanisms
or through approaches or applications for plan changes made by others (see section
73 of the Act).
Consents
required under other legislation
This plan covers only some of the rules and requirements that may apply to a
proposed activity. Developers and users of land or buildings should check whether
they also need consents under other legislation.
Amongst consents most frequently required are those for:
- erection of buildings and consideration of fire safety (building consents
- Auckland Council)
- arrangements for treatment and disposal of sewerage - discharge permits
- discharge of polluted or unpolluted storm water (discharge permits)
- diversion/damming or taking of fresh surface or underground water (Auckland
Council)
- disposal of trade wastes (Auckland Council)
- undertaking of offensive trades (Auckland Council)
- use of premises for the sale of food (Registration certificates under the
Health and Safety of Premises Regulations - Auckland Council)
- storage of dangerous goods (Dangerous goods licences - Auckland Council)
- modification, damage or destruction of an archaeological site or waahi tapu
(authority to modify, damage or destroy an archaeological site - Historic Places
Trust, Historic Places Act 1993).
There may be other consents required. It is the responsibility of the developer
or user of land or buildings to ensure that all consents required by law are obtained.
Monitoring
Introduction
This part outlines monitoring strategies carried out or to be carried out by
the council to meet its obligations under the Act. The general aim of monitoring
is to promote the sustainable management of natural and physical resources, taking
into account the Treaty of Waitangi/Te Tiriti O Waitangi. Where monitoring suggests
that action needs to be taken to ensure compliance with the intent of the Act, the
council will initiate such changes in the plan or procedures as necessary. The results
from monitoring will be reported both to the council and to the public, utilising
the Local Government Act annual plan process and other appropriate procedures.
Monitoring programme
Auckland Council’s monitoring programme is divided into four main areas:
- state of the environment monitoring
- monitoring to gauge suitability and effectiveness of the plan
- procedures monitoring and resource consents monitoring.
State of the environment monitoring
Periodic reports will be prepared on the state of the environment, and will be
made available by the council for public submission. The State of the Environment
Report will include three sections - pressures on the environment, state of the
natural environment and state of the human environment. Details of the monitoring
strategy will be published each year in the annual plan.