Subdivision under Auckland Unitary plan - H4 Residential Mixed Housing Suburban Zone

[Zorwarrior]

Hi all,

I have been reading the novel that is the Unitary plan but cannot figure out how subdivisions work under Mixed Housing Suburban. I tried the council but answers are not straight.

I have a 765m2 plot that I am looking at options for development. Is 765m2 enough to subdivide? i know I can meet the requirements of coverage, parking, etc etc.

I just cant work out what the minimum plot size can be to subdivide under the Unitary plan......??

[saleemn]

There is no such minimum plot size as far as I know. As long as you meet the council requirements you can develop. I am in the processes of obtaining a resource consent for a property in New Lynn with a land area of 709 sq me with two units in the front.

[Zorwarrior]

Ok thanks. That is what I thought as well. Is the resource consent to ask for permission to subdivide? I thought in Mixed housing you can put 2 units on a site without resource consent...that is the part that is confusing..

The way I read it, I thought you would just need to get the lawyers involved to get a new title for the second plot. Understanding of course that I would need building consent to actually put the house on the second plot....

[Bobsyouruncle]

If it complies no resource consent required:

The Mixed Housing Zones provide for a number of activities as Permitted Activities (i.e. not requiring Resource Consent), provided that development controls relating to bulk and location are met. These activities include:

• Up to two dwellings per site (there are appeals to the Environment Court seeking up to four dwellings per site as permitted activities in accordance with the Independent Hearing Panel recommendation).
• Accessory buildings
• Home occupations
• Visitor accommodation accommodating up to 10 people, including staff
• Care centres operating only during the day (e.g. for children, elderly, or people with disabilities) for up to 10 people, excluding staff
• Care centres providing accommodation and full-time care for up to 10 people, including staff

With regard to subdivision, proposed sites which comply with site size, shape, and access standards are provided for as a Restricted Discretionary activity.

[Zorwarrior]

Thanks Bob. I spoke to the council a few minutes ago. The lady suggested its best to build the second dwelling first (without resource consent) and once the CCC is approved, apply for resource consent for subdivision. This would then fall under the existing house subdivision rules, which mean there is no limit to the size of the site as long as it all complies (which it will as the building consent to build the house would need to)

If you subdivide a vacant piece of land, she said that there is a minimum threshold of 400m2 for Mixed Suburban...which was my suspicion.

@Saleemn, might be worth checking again so you dont get stuck in that trap

[AlexL]

Under the UP, if you want to subdivide a plot of land without drawing up developed design plans for a house to sit on the new plot of land, then you will need 400m2 net area.
However, if you do get a developed designed house drawn up to go onto the plot of land you want to subdivide, then there is no minimum land size, as long as you comply with all the other restrictions such as height to boundary, coverage etc.

I would think you would be able to get RC to subdivide the land with proposed house plans drawn up to build on the site, instead of the process the council person suggested.

[Zorwarrior]

That makes sense Alex, would probably be more cost effective to do it that way.

Does anyone know what criteria the council use to determine if the need to go to get neighbours approval for more than 2 units on the plot?

With all the negative publicity of the UP, neighbours I woud imagine are unlikely to give consent to build 3+ units/townhouses...has anyone been through this process yet?

[Shalodge]

The Mixed Housing Zone - Suburban is here.. and contains the activity table and performance standards ..

http://unitaryplan.aucklandcouncil.govt.nz/Images/Auckland%20Council%20Decision/Chapter%20H%20Zones/H4%20Residential%20-%20Mixed%20Housing%20Suburban%20Zone.pdf

Answers to some of the questions raised above are:

Subdivision in this zone is called "integrated residential development' and has no minimum lot size but you will need to specify house sites and meet performance standards listed. As BYU says .. it is Restricted Discretionary but as long as certain standards are met there is no notification requirement (Neighbours dont get a say). My interpretation is that if you are not specifying house locations/heights/design then it is not 'integrated' and therefore not provided for and is NC (Non complying). So effectively there is no provision for non integrated or simple area based subdivision.

You can have 2 houses on a lot as of right and three with consent (RD) but again no notification is required (neighbours don't get a say) if you meet specific standards.

Does anyone know what criteria the council use to determine if the need to go to get neighbours approval for more than 2 units on the plot?

Yes .. the criteria is listed in the document linked.. If you propose three units on a lot and can meet the standards (Detailed in the document)

Standard H4.6.4 Building height; Standard H4.6.5 Height in relation to boundary; Standard H4.6.6 Alternative height in relation to boundary; Standard H4.6.7 Yards

The neighbours do not get a say.. If you cant meet any of those standards it will be notified to them and they can object.

Alex L is right .. There is no advantage is building an extra unit and then applying to subdivide it off. That advise was nonsense.

[Zorwarrior]

Thanks Shalodge..that is very useful. Certainly want to stay away from neighbours consent, as that is just an open forum for the grumblers.

[Shalodge]

You are very welcome.. The AUP is actually very good and a vast improvement on what AK had before.. Recently ammendments to the RMA have come into force (well some anyway) reducing the ability of neighbours to insert themselves even further. Appeal rights to the Env court have been reduced as well. The oft talked about issue of Iwi involvement is a bit of a red herring. They had TOW rights anyway so for most Councils the new provisions are actually business as usual.

[Zorwarrior]

Hi all, picking up on this thread again, I am hearing that in mixed housing Suburban, you need at least 400m2 of land to subdivide. Has anything changed since this post in July 2017?
My plan got delayed but now I am seriously looking to get a developed designed house drawn up to go onto the plot of land that I want to subdivide and approaching the council to get resource consent, BEFORE starting the build (of course I will get building consent before anyway)

[AlexL]

No real significant changes that I am aware of, but of course the council is good at amending things in house and not tell anyone about it!

[Zorwarrior]

Yeah thats the issue I have faced recently as well. Its frustrating but no different to any councils around the world

[archinvestor]

If you satisfy the other rules then there is no minimum density. You might have to get a scheme drawn up in order to show compliance with other rules.

[Zorwarrior]

Thanks Archinvestor. I am starting that process shortly. Lets see where it goes