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Auckland height to boundary - driveway/entrance strip either side?

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  • Auckland height to boundary - driveway/entrance strip either side?

    Unsure how to interpret this bit of the Auckland unitary plan?

    "(4) Where the boundary forms part of a legal right of way, entrance strip, access site or pedestrian access way, control in Standard H3.6.7(1) applies from the farthest boundary of that legal right of way, entrance strip, access site or pedestrian access way."

    Does this mean that: If we own a section that sits in the middle of two rear neighbouring sections driveways/'entrance strips' (for which we do not have any right of way), would the recession plane begin on the far side of these neighbouring driveways, rather than beginning on the boundary of our section itself?

    i.e. effectively allowing us to build a couple extra meters height at the actual boundary of our section (provided the 1m side yard/setback is still met)?

    A random example of the section layout in question is here:


    Many thanks if anyone has experience in this area!

  • #2
    I read this as to the boundary of any ROW, etc. as stated above that YOUR property has access over. Because it says where the "boundary" forms part of. If you have a ROW running down both sides of your property and you do not have that as part of your legal access, so therefore have no rights over it then you cannot count the neighbouring properties ROW as your far boundary. I'd double check with a planner at the council but that makes sense to me.

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    • #3
      I read it to mean you can do the calculation on the other side of nieghbours ROW as long as your bdy is to the ROW/. It makes sense as there cannot be adverse environmental impact on a driveway which cannot be built on.

      road frontages are treated the same way

      ring council duty planner and ask?

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      • #4
        If that is the case then the clause from Akld is badly written. It should be something like this: a site boundary ADJOINS a legally established entrance strip, private way, access lot, or access way serving a rear site, the measurement shall be taken from the farthest boundary of the entrance strip, private way, access lot, or access way. Adjoins is the correct word to use not FORMS PART OF. The planner will be the one who can confirm.

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        • #5
          I had a consent before unitary plan, where I'm on the front lot join road, and back 3 neighbours join share the driveway come through along my boundary to the road. I do not own any of the ROW. The Height to relation count from the boundary where the other side neighbour join the ROW, as there is no way to build/live on ROW so council use the other side (far end) of the boundary

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