Envivo is assisting a broad range of Clients to make submissions on the proposed Unitary Plan, and has strong capability within its planning team to prepare submissions and to provide expert evidence in support of those submissions. It is equally important for your submission to support aspects of the proposed Plan that are beneficial, as it is to oppose those parts of the Plan that are negative.
Please contact James Hook – Planning Director to discuss your submission requirements.
It is vitally important for all landowners, investors and developers to review the details of the proposed Unitary Plan, as the Plan will replace all existing zones, all development controls including those relating to building bulk and location, design and traffic matters. The Plan will also replace all existing Objectives and Policies, including those applicable at a regional level and those applying to specific zones and to coastal areas.
Only the following parts of the plan will have legal effect (pursuant to s.86B) on the date of notification, which means that a consent may be required where any relevant new rule applies:
(3) A rule in a proposed plan has immediate legal effect if the rule—
(a) protects or relates to water, air, or soil (for soil conservation); or
(b) protects areas of significant indigenous vegetation; or
(c) protects areas of significant habitats of indigenous fauna; or
(d) protects historic heritage; or
(e) provides for or relates to an aquaculture management area.
For all other rules in the Unitary Plan, they will only have legal effect once a decision on submissions relating to the rule is made and publicly notified in accordance with the 1st Schedule of the Act. That process is expected to take approximately 3 years from the date of notification of the Unitary Plan. However, the weighting given to the new policy and rules in resource consent decision making will depend on the submissions received and status of those provisions through the decision making process.
B. Housing Accord and Special Housing Area Act 2013 (HASHA)
A new piece of legislation has recently been enacted to set out the process by which Special Housing Areas are defined and applications within such areas processed in accordance with the Auckland Housing Accord.
To utilise the new legislation a development proposal must be predominantly residential, no greater than 6 storeys, have capacity for 50 or more dwellings/vacant allotments in a greenfield area or 5 or more dwellings/vacant allotments in a brownfields area.
The Government may (by order in Council) create Special Housing Areas (SHA) on the recommendation of the Territorial Authority (Auckland Council). When located within an SHA a more streamlined application process is followed for qualifying developments in accordance with s.25 of the Act. It is noted that an application can be made for consent to what would otherwise be a Prohibited Activity, however the Council may require that a simultaneous plan change request is made.
Envivo’s Planners are currently advising specific Clients on the opportunity to proceed with a request for a Special Housing Area on a site/project basis and with consent applications under HASHA.
Please contact James Hook – Planning Director to discuss this opportunity for your property.
If you would like to find out more about the Auckland Unitary Plan contact James Hook and his team of planners on (09) 630 9512 or email James on [email protected]