Over the next week we’re going to try and focus a lot on the Unitary Plan – as the May 31st deadline for closing of submissions looms closer and closer. Given that the NZ Herald seems to have gone off the deep end in its complete misunderstanding of the planning system, while the Council doesn’t seem particularly effective at getting the message across, perhaps this focus can be constructive in looking at what’s worth supporting in the Unitary Plan and what should be amended to make the plan better. This posts picks up on a number of key points that we plan on making in our submission on the Unitary Plan: points that might be worth reiterating in your submission.

It is important to start by repeating that there are many good reasons to support the intent of the Draft Unitary Plan- the core purpose of it. In many ways the Unitary Plan will make perhaps the most important contribution to the Auckland Plan’s vision of making Auckland the world’s most liveable city – in the way it seeks to manage the tricky balance between making development easier (to ease affordability problems) but at the same time ensuring that development is good quality, in the right places and supported by necessary infrastructure. Critically, the Unitary Plan has taken the opportunity to not only bring together existing District and Regional Plans around Auckland, but also at the same time provide for a transformational shift in the future shape of Auckland in a way that supports the development strategy of the Auckland Plan. This bold approach is to be encouraged and must be maintained.

Key parts of the Unitary Plan we support include:

  • Provision for ‘upzoning’ of land in a number of strategically important locations around Auckland. In particular, there appears to be good alignment between the zoning structure of the Unitary Plan and Auckland’s existing and future public transport network.
  • The Unitary Plan includes robust assessment criteria to ensure that intensification is of a good quality. In particular the criteria relating to ensuring carparking does not dominate the streetscape are utterly essential in creating quality centres.
  • The removal of minimum parking requirements in a number of zones gives effect to Directive 10.6 of the Auckland Plan and reflects growing international evidence that minimum parking requirements are perhaps the most critical planning rule that shapes urban form and transport outcomes.
  • The removal of density controls in the Terraced Housing and Apartment Building zone, and the Mixed Use zone. Density controls undermine the ability to provide affordable housing by encouraging very large houses so developers can maximise their profit. Density often also has little to do with environmental outcomes as a single very large house can have greater effects than two or three much smaller houses.

Of course there are also a number of parts of the Unitary Plan that need improving. We’ll try to look at a number of these in detail over the next week but generally they are:

  • In some locations it appears as though obvious opportunities for enabling intensification have been missed or the zoning is just illogical. We’ll try to pull together a reasonably comprehensive list of these but it’s worth scanning through the zoning maps to see whether anything “sticks out”. There’s a weird block of light industrial zoned land in the middle of Grafton, which seemingly obviously should be Mixed Use, for example.
  • The urban land supply section of the Plan’s Regional Policy Statement needs to give clearer guidance in ensuring greenfield land is planned for appropriately and only released if absolutely required. There should also not be any ability to extend the rural urban boundary. While this might be overridden by the Auckland Housing Accord in the short term, in the longer term there’s likely to be a big risk of “hodge podge” sprawl randomly proposed in various parts of the new greenfield areas.
  • There should be some variation in the future development potential of Metropolitan Centres based on their particular characteristics rather than blanket rules across all of these key centres.
  • There should be the ability for some areas zoned Mixed Use to develop to a greater extent where the effects on surrounding communities would be minor and there is particularly good public transport access. Great North Road between Grey Lynn and town is a great example of this.
  • The parking rules should be re-looked at quite extensively, including the removal of minimum parking requirements completely (particularly in the Mixed Housing zone).
  • The Mixed Housing zone and Terraced Housing and Apartment Building (THAB) zone appear to be trying to do the job of three zones, with three-level fee-simple terraced housing (a typology with much potential in Auckland) being ‘squeezed out’. A third zone, specifically aimed at providing for that typology, is suggested. We’ll talk about this in more detail in a day or two.

Perhaps the one further thing yesterday’s Herald article highlighted is the need for the Unitary Plan to be clearer about what it does want and what it doesn’t want. It does seem weird that building anything in the THAB zone (which we obviously want to happen) requires the same level of consent as breaching a height limit (which we probably don’t want to happen 95% of the time).

Please add your suggestions for improvements, with reasons why in the comments and we’ll aim to generate a good crowd sourced submission.

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42 comments

  1. The Unitry Plan only applies Homestar ratings to developments with 5 or more, and this should be applied to all houses.
    The one thing that is missing is the basics of a good quality healthy home.
    The one thing the Unitry Plan needs more than anything else is to encourge houses which are cheaper to run, warmer and are not damp – so I think all houses should be focred to have a 6 star Homestar rating.
    Currenlty a house built to NZ building code only gets a Homestar rating of 4 out 10 which is just not good enough.
    The unitry plan actaully states that any residential dwelling where 5 or more consents are sought at once need to have a Homestar rating of 6 stars, so Auckland Council is aware of Homestar but is being very timid with it.
    So yes this would put the cost of a new house up by say 5 – 10%, but with mass buying power this would cause a drop in prices quickly and is much cheaper in the long run and would soon disappear.
    The good thing about the Homestar system is that it does not apply the same for all houses e.g. all homes must have solar panels – but a range of good home design can be used to get to the 6 star level depending on what the home owner wants. Hobsonville Pt is a good example where houses are being forced to build to Homestar 6 or higher and they come with a range or water tanks, solar water heating, thicker walls and so on.
    http://homestar.org.nz/

      1. Yes, in Austria it would be impossible to build houses like here in NZ. The building regulations are extensive. Covers everything from minimum wall sizes, interior and exterior insulation, sustainable water and heating, windows, noise control, electrics etc. A core of the system is that you only receive fundings if you comply over the minimum standards set out in the regulations, what means everyone tries to built better. Furthermore the cost for power and heating is tremendous thus the more energy saving the house is the better. Regarding affordability, i on the other hand believe that it has also to do with the mentality. Although I am probably not the typical Austrian (as i moved places already 7 times in my life) we tend to built us our lil “Manision” and stay there till the end. Thus the market maybe does not heat up that much. And of course detached housing is quite normal except in really rural areas what keeps land size down and results in lower prices.

        But to finish with Austria, I read today with great concern the interview of Bill English, where he states the council regulations are only there to drive values up. As high density and urban lifestyle raises value. http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10884650

        Sounds as they want also to get rid of minimum standards for buildings to me.

        1. WAI – I have read that Vienna has done a particularly good job of providing affordable housing in high density areas. Maybe not coincidentally it also has one of the lowest unemployment rates in Europe right now.

          Do you think that is true? Is it relatively easy for a young family to buy a decent home in Vienna? I realise it wont be a 4 bdr, 200 sqm standalone house like in NZ but I just mean a decent sized, well built apartment within reasonable commuting distance to the centre.

        2. English is also running a government line about intensive housing being more expensive than sprawl. Worth rebutting strongly in a focused post everyone can link to?

        3. That’s just English doing a Joyce and flat out lying; inverting the facts 180 degrees. Seems to be a modus operandi of this increasingly reckless government.

        4. Problem is that I guarantee there is a Demographia “research” paper authored by the esteemed academic Wendell Cox, that will back up his claim. Cox regularly argues that low density housing is cheaper for infrastructure and even more environmentally friendly.

          I read a study the other day that collated all academic papers on climate change and it said that over 97% were in favour of man made climate change. However, as with Demographia and low density housing, I guarantee the 3% against get cited a lot by governments like National that are in favour of continue sprawl and roading.

        5. That is how a theory works haha. Evolution is, like gravity a theory. Creationism, flat earth, young earth, sheaper sprawl infrastructure are unsupported hypotheses.

        6. And the last time standards dropped we got the leaky building problems which we are still paying for at a cost of billions.
          Now who was behind this? Why Nick Smith and the National Party – does not look good for us does it.
          Especially as they are repeating mistakes from only 15 years ago.

  2. Re the herald article, a wide range of activities use the Restricted Discretionary criteria. Most plans have general rules that say exceeding development controls is Restricted Discretionary (RD), nothing new at all. Bernard was just being an absolute stirrer with that article.

    For example demolition of heritage houses in the Res 1 zone is restricted discretionary with regards to heritage, however there is a strict list of assessment criteria.
    The THAM is RD is regards to Urban Design. So this suggests buildings are fine, as long as they are designed well, and the assessment criteria determine this.
    If exceeding height limits was non-complying it would very difficult and complex to get a consent when you want to build a 8.01m extension on your house. If that was the case the NIMBYs would go back to being right wing property rights people railing against the bureaucracy madness that prevented them from doing that!
    Most plans have general rules that say exceeding development controls is RD, nothing new at all.

  3. It might help if someone had communicated to non-planners what Restricted Discretionary means. I sure hope the comms team’s performance is reviewed after this process.

    1. Yes it’s a huge comms fail.

      AT have recently started to lift their game, but it seems an endemic problem at Council. I guess they didn’t expect such a largely technical process to get so political.

      1. I doubt seasoned councillors were surprised that the future shape of the city would arouse strong views. Seems a disconnect with what is being delivered to support the conversation.

  4. Clarification on “The Unitary Plan includes robust assessment criteria to ensure that intensification is of a good quality. ” would be good.

    So far we’ve been told it’s Statutory (Campbell Live last week) and non-statutory (Campbell Live last week).

    Whichever is true- It’s all based on a document that won’t be released until AFTER the plan is active.

    Certainly a bit of clearing up needed there? 😉

      1. +1

        Re: the ADM’s status – I don’t regard Journalists as definitive clarification. This is from the factsheet on aucklanddesignmanual.co.nz:

        “Because the Manual is a non-statutory document…”

        1. Be interested to hear if anyone familiar with the UP can say where disability access considerations are anything but non-statutory as well.

          I spotted a mention of the existing Building Code requirement, which governs only ‘public’ buildings and limited access paths to them (via NZ Standard 4121 as an acceptable solution). Given how poorly that’s currently observed, I expected more muscle in a forward-looking plan.

          Even if every single building from now on was perfectly accessible, most of the total stock in 40 years would still not be usable by all residents and visitors. Big oportunity to do better.

          There’s an event in Auckland on Friday for anyone who’s interested in such matters: http://www.aucklandcouncil.govt.nz/EN/newseventsculture/events/Events/Pages/universaldesignconference.aspx

        2. Mixed. 4121 gets the one reference you found (car parking). “Accessible” gets 180 mentions in 2977 pages, but lots of them refer to accessibility as a planning concept – access to amenities, places. Wheelchair gets 1 mention.

          In amongst the mobility/disability related “accessible” mentions are some references to “should be designed to be accessible by people of all ages and physical abilities”. This applies in quite a few places – common access routes in residential schemes that fall under Restricted Discretionary assessment matters will get this applied, as will Healthcare (not surprising). The ADM apparently illustrates how… There are possibly more, this was just a quick search for key words.

          FWIW – I think this subject belongs in the Building Code and COP’s for highways, not primarily in planning tools such as the Plan. It’s easy to use planning as a means of enforcing lots of desirable outcomes – but its not always the best nor most practical method. Code / COP’s deal to this level of detail, and the means of ensuring it happens better than planning.

  5. To me there does seem to be limited relationship between the UP zoning and the planned future PT network – I’m referring to the bus network redesign of course.

    Feels like there are large areas set out as “mixed housing” with a minimum of 2 parking spaces per unit (unless you’re a 1 beddie or studio unit) where the future network will drastically change access to PT, and enable people to chose to live with less car reliance. Why? I’d rather see no minimums and no maximums here. 49% of the city encouraged to be car-dependent through minimum is just not consistent with the stated direction of the Auckland Plan.

    1. 4.1.3.5
      “To determine the overall activity status of an activity, the user must review all the relevant provisions that apply
      to the site or proposed development, including the zone, Auckland-wide
      provisions, and any relevant precincts
      or overlays. The most stringent activity status will apply unless the precinct or overlay specifically makes the
      same activity more enabling.”

      Basically the overlays over lay, or trump, the permitted activities, unless they are more permissive, in which case the more restrictive applies, except where the “overlay specifically makes the same activity more enabling.”

        1. Cam I think it is probably better to use something bigger that a mobile device to view the maps, it is necessarily a complicated thing. Or of course a giant conspiracy to pull down every old building and detached house and replace them with Polish apartment blocks… which ever you find more likely.

    2. Similarly, any existing legal covenant takes precedence over the Unitary Plan, eg one of my neighbours bought a vacant property just below his house, placed height restrictions on it to protect his view, then resold the land. So nothing exceeding that height limit (and also not encroaching on the boundary limit he included) could be built.

    1. That refers more to Precincts below:

      4.1.3

      3. Precincts
      A precinct is applied to an area within a zone to provide for local differences. Precincts vary the activity status
      or the controls contained in the underlying zone or Aucklandwide
      provisions. The underlying zone and
      Aucklandwide
      provisions apply unless varied by the precinct.

      4. Overlays
      An overlay is applied across zones, precincts and some of the Aucklandwide
      provisions to recognise the
      particular values associated with an area. Overlays generally apply more restrictive controls that the underlying
      zone, precinct or Aucklandwide
      provisions, but in some cases they can be more enabling.

    1. That isn’t spin by the Herald, spinning implies tht you tell the truth in a deceptive way, not that you outright lie.

  6. Next layman’s question. There are existing height to boundary rules on my property. Are these changing under the draft Unitary plan? If so what is the new formula?

    1. Cam, now try finding the current rules on the Auckland City website as a test…

      Basically the only change is the height on the boundary is 2.5m instead of 2.0m, angles remain the same. The house next door can now be built closer to your boundary than previously.

  7. Thank you. Follow-up questions: what’s an Activity? How does it become “more enabling”? Enabling of what?

    1. Essentially, an “activity” is a thing you can do that councils are allowed to control with their district plan. Building, demolishing or modifying buildings are all “activities”.

      Under a district plan, every possible activity is classified into one of six possible types, from “permitted”, which means it can be done without resource consent, to “prohibited”, which means it’s not possible to get resource consent to do it. The middle types (controlled, restricted discretionary, discretionary, and non-complying) all have different requirements about how hard it is to get resource consent, so to make an activity “more enabling” means that it changes to a type where it’s easier to get resource consent, or to make it permitted without needing a consent.

      http://unitaryplan.aucklandcouncil.govt.nz/html/4.1%20General%20provisions.htm#TOCt_h27436_ID

      1. Thank you, Steve. Guess there must be a simple diagram in the Unitary Plan comms materials that shows that hierarchy. Or someone should be fired.

        1. Glad it helped. That hierarchy of activities is common to all district plans, though, since it’s specified in the Resource Management Act: http://www.legislation.govt.nz/act/public/1991/0069/latest/DLM233699.html. What I don’t understand is the council assuming that everyone understands how the RMA works.

          But really, the Unitary Plan itself is supposed to be dense and indecipherable – it’s a statutory document. It will be binding law, that lawyers and judges need to interpret. The main thing that’s been missing from the comms is an explanation of the zone rules that’s a bit more detailed than the fluffy overviews, but doesn’t require the hours of background reading you need to get started with the text of the plan itself. It should also give a bit of a rundown of the way consents are issued, what factors the council will consider, and who gets to have a say.

  8. Getting back to Patricks Blog about the UP.
    I have been mulling it over, gone to lots of the meetings and listened to or read most of the feedback from the public and the Politicians. I may be wrong but I think most people get the need for growth and intensification apart from a few trouble makers and scare mongers. I think that part of the message has got through.
    However where the wheels come off is how we plan to do the intensification.
    The UP is accepted when it comes to increasing density around transport corridors ( makes sense doesnt it )
    and the 250 to 500 m tool has defined a lot of the rezoning .
    For most people I talk to the uncertainty , is the redevelopment of their burb. Mixed housing will lead to more infill ,loss of existing trees and landscaping loss of privacy, and less sunlight ( despite the controls ).They will also get more concrete driveways and more fences creating a suburb of rabbit warrens. This is not good urban design. One of the things I was looking forward to in the new unitary plan was some decent urban design proposals. Our existing section sizes coupled with the planning controls (existing and proposed ) lead to highly inefficient urban dvelopment. All the space between buildings used for driveways, height to boundary,courtyards, etc etc is wasted and once the site slopes then it gets worse. The UP s 300sqm will make this situation worse. Height is not the issue in fact the height controls of 8 or 10 m in the mixed zone on a sloping site will lead to distorted buildings in terms of architectural form as designers struggle to stay within the envelope on a 300m2 site. The reality in most streets with the current rules are crap looking buildings going up next door to you, with increased traffic down the new drives next to your fence and the couple of nice mature trees that contributed to your nice leafy neigbourhood have been chopped down because they were in the way of a usuable building site. Because Infill is easy and more accessible to the smaller builder with less capital and looking for the quick return on their capital to reduce risk,the bulk of the development in the suburbs will not be done by experienced developers with access to good designers. What will happen is the existing house will be tweaked for resale and 1 or 2 more houses built to infill the gardens. If the existing house is knocked down then to maximise profit and to fit within the planning controls what was once a single storey house over the fence becomes 2.5 to 3 stories and closer to the fence (than under the existing rules )
    There is no incentive under the UP to do a good development and encourage economies of scale with redevelopment.
    My alternative
    Lets say there was a minimum lot size of say 3000 sq m ( 10 units plus allowed ) we have 1 driveway instead of 10…one entrance instead of 10 ( good for community engagement ) …shared green space ( instead of 10) again good for community interaction. Better setbacks from neighbours who are still single story ….ability to keep significant trees…better communal waste facilities….less carparking (10 carparks instead of 20) a communal gym,lounge,pool spa, and childrens play area and equipment…..better privacy between units and site neighbours. etc . the only issue I see is that we end up with a whole lot of urban islands floating on a green sea bordered by roads with each island isolated..
    Lets go for broke. How about a minimum lot size of a whole suburban block. A master plan could be developed for this block which will bring all the benefits of urben design including varying heights of buildings, work with the existing landform to provide sun and shelter from wind ,improve pedsetrian, bike linkages ..provide community facilities such as creches, playgrounds ,internet cafes, and have a mix of uses such as cafes shops and offices . This model will allow better infrastructure planning for sewer and stormwater as well as lead to better roading networks as some streets can be closed . Best of all this model has already been trialed through the planning system .See the Anzac quarter in Takapuna . home owners went through a consultation process and seem happy with the result. There are problems however with the implementation relating to the reality of developers and building. ( I have blogged about this else where on this site ) There is a innovative way around this if we think of different structures to carry out the process. I have suggested Urban development councils to carry out the transformation. We have them in different guises already both in NZ and overseas.
    I think there is a vacumn of leadership around the UP and because of that people are fearing the worse and under the current proposals will end up with the worse. What we need to do is be a circuit breaker and come up with some inspirational ideas and make them real for your burb /,urban neighbourhood. Thats the only way to win this battle. We have to win hearts and minds. Most of us are creative people in our fields so lets get creative.
    By the way Patrick, I was a bit late responding to your reply re Urban Development Councils. If you go back you will find it.
    keep up the good work Matt

  9. I’m quite keen to make a submission on the UP, but I’m a little short on details. I certainly have the ideas within the UP that I support – intensification, less sprawl, better use of our transport corridors etc. Does anyone have a repository of information that I can use to turn these ideas into particulars that I can voice my support for in the UP submission form?

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