Auckland Unitary Plan Residential Controls – Mixed Housing Urban zone

When you are looking at the Auckland Unitary Plan zone rules that will impact your property, it is important to check both the controls and the rules. You can see the rules for the Auckland Unitary Plan Zone Rules here.

If you are making important financial decisions based on the Auckland Unitary Plan it is highly recommended that you speak to Town Planning at Auckland City Council or a Registered Surveyor.

Below are the rules from the Unitary plan rule book for the Mixed Housing Urban Zone.

8. Development Controls – Mixed Housing Urban zone

8.1 Development control infringements

1. Buildings that infringe three or more of the following development controls are a discretionary activity:
   1. building height
   2. height in relation to boundary
   3. yards
   4. maximum impervious area
   5. building coverage
   6. landscaping
   7. outlook.

8.2 Building height

Purpose: manage the height of buildings to be consistent with an urban residential character of up to three storeys.

1. Buildings must not exceed 10m in height, except that 50 per cent of a building’s roof, measured vertically from the junction between wall and roof, may exceed this height by 1m, where the entire roof slopes 15 degrees or more.

Figure 11: Building height in the Mixed Housing Urban zone

8.3 Height in relation to boundary

Purpose: manage the bulk and scale of buildings at boundaries to limit over-shadowing to neighbouring sites and provide space between buildings.

1. Buildings must not exceed a height of 3m measured vertically above ground level at side and rear boundaries. Thereafter, buildings must be set back 1m for every additional metre in height (45 degrees).

Figure 12: Height in relation to boundary

2. This control does not apply to a boundary adjoining:
   1. industrial zones
   2. centres and mixed use zones
   3. General Business zone
   4. Business Park zone
   5. sites within the public open space zones exceeding 2000m².
3. Where the boundary forms part of a legal right of way, pedestrian access way, or access site, the control applies from the farthest boundary of that legal right of way, pedestrian access way or access site.
4. A gable end or dormer may project beyond the recession plane where it is:
   1. no greater than 1m in height and width measured parallel to the nearest adjacent boundary
   2. no greater than 1m in depth measured horizontally at 90 degrees to the nearest adjacent boundary.

Figure 13: Exceptions for gable ends and dormers

5. No more than two gable end or dormer projections are allowed for every 6m length of site boundary.

8.4 Alternative height in relation to boundary

Purpose: enable the efficient use of the site by providing design flexibility at the upper floors of a dwelling.

1. This development control is an alternative to the permitted height in relation to boundary control in clause 8.3 above which may be used for development that is a density of one dwelling per 250m² or greater and complies with the land use controls in clause 3.1.3 above.
2. It will be processed as a restricted discretionary activity if it complies with clause 3 below.
3. Buildings must not exceed a height of 3.6m measured vertically above ground level at side and rear boundaries. Thereafter, buildings must be set back one metre, and then 0.3m for every additional metre in height (73.3 degrees) up to 6.9m, and then one metre for every additional metre in height (45 degrees).
4. The exceptions to the permitted height in relation to boundary control listed in clause 8.3 above apply.
5. A building that does not comply with this control is a discretionary activity.

Figure 14: Alternative height in relation to boundary

8.5 Common walls

Purpose: enable attached dwellings, where that pattern of development exists or where neighbours agree.

1. The height in relation to boundary and yards development controls do not apply where there is an existing common wall between two buildings on adjacent sites or where a common wall is proposed.

8.6 Yards

Purpose: create a transition from the front facade of the dwelling to the street that contributes to the quality of the streetscape and ensures dwellings are adequately set back from lakes, streams and the coastal edge to maintain water quality and provide protection from natural hazards.

Table 6:

8.7 Maximum impervious area

Purpose: manage the amount of stormwater runoff generated by a development.

1. Maximum impervious area for proposed sites with a density less than or equal to one dwelling per 300m²: 60 per cent.
2. Maximum impervious area for proposed sites with a density greater than one dwelling per 300m² that comply with the requirements of clause 3.2.2 above: 70 per cent.

8.8 Building coverage

Purpose: manage the density of buildings on the site consistent with the urban residential character of the zone.

1. Maximum building coverage for proposed sites with a density less than or equal to one dwelling per 300m²: 40 per cent.
2. Maximum building coverage for proposed sites with a density greater than one dwelling per 300m² that comply with the requirements of clause 3.1.3 above: 50 per cent.

8.9 Landscaping

Purpose:

• provide for on-site amenity and an attractive streetscape character
• improve stormwater absorption on-site.

1. For proposed sites with a density less than or equal to one dwelling per 300m² at least 40 per cent must comprise landscaped area.
2. For proposed sites with a density greater than one dwelling per 300m² that comply with the requirements of clause 3.1.3 above, at least 30 per cent must comprise landscaped area.
3. For clauses 1 and 2 above, the following must be met:
   1. At least 10 per cent of the required landscaped area must be planted with shrubs including at least one tree that is pB95 or larger at the time of planting.
   2. At least 50 per cent of the front yard must comprise landscaped area.

8.10 Outlook space

Purpose:

• Ensure a reasonable standard of visual and acoustic privacy between different dwellings, including their outdoor living space, on the same or adjacent sites
• Encourage the placement of habitable room windows to the site frontage or to the rear of the site in preference to side boundaries, to maximise both passive surveillance of the street and privacy, and to avoid overlooking of neighbouring sites.

1. An outlook space must be provided from the face of a building containing windows or balconies to a habitable room. Where the room has two or more external faces with windows or balconies the outlook space must be provided from, in order of priority, the face with the largest balcony or largest area of glazing.
2. The minimum dimensions for a required outlook space are as follows:
   1. principal living room: 6m in depth and 4m in width
   2. principal bedroom: 3m in depth and 3m in width
   3. all other habitable rooms: 1m in depth and 1m in width.
3. The depth of the outlook space is measured at right angles to and horizontal from the window or balcony to which it applies. Where the outlook space applies to a balcony, it must be measured from the outside edge of the balcony.
4. The width of the outlook space is measured from the centre point of the largest window on the building face to which it applies or from the centre point of the largest balcony.
5. The height of the outlook space is the same as the floor height, measured from floor to ceiling, of the building face to which the control applies.
6. Outlook spaces may be within the site, over a public street, or other public open space.
7. Outlook spaces required from different rooms within the same dwelling may overlap.
8. Outlook spaces must:
   1. be clear and unobstructed by buildings
   2. not extend over adjacent sites or overlap with outlook spaces required by another dwelling.
9. An outlook space at ground floor level from a principal living room may be reduced to 4m deep if privacy to adjacent dwellings is provided by fencing at least 1.6m in height.

Figure 15: Required outlook space

8.11 Separation between buildings within a site

Purpose: require reasonable separation between buildings on the same site to manage dominance, provide access to daylight and natural ventilation.

1. Buildings must be separated where the habitable room of a dwelling has windows or balconies that face out to the wall of another building on the same site (the facing wall). Where the room has two or more external faces with windows or balconies the building separation must be applied from, in order of priority, the face with the largest balcony or the largest area of area of glazing.
2. The separation space required must be free of buildings for the depth, width and height set out below.
3. The depth of the separation space is measured at right angles to, and horizontal from, the window or balcony to which it applies across to the facing wall, excluding eaves or guttering. Where the building separation applies to a balcony, it is measured from the outside edge of the balcony.
4. For the principal living room, the depth of the separation space required is equal to the height of the facing wall above the floor level of the habitable room, or 15m, whichever is the lesser.
5. For the principal bedroom, the depth of the separation space required is 6m.
6. For other habitable rooms , the depth of the separation space required is 3m.
7. The width of the separation space is 50 per cent of its depth and is measured from the centre point of the largest window on the building face to which it applies or from the centre point of the largest balcony.
8. The height of the separation space is from the height of the floor or balcony upwards, clear to the sky except that eaves or gutters may protrude into it.
9. Where the adjacent building is not perpendicular to the distance being measured, the minimum separation depth required must be measured as an average around the centre line of the window/balcony.

8.12 Outdoor living space

Purpose: provide dwellings with outdoor living space that is of a usable size and dimension for the type of dwelling and is accessible from the principal living room.

1. A dwelling at ground level must have an outdoor living space measuring at least 40m² that:
   1. is free of buildings, parking spaces, servicing and manoeuvring areas
   2. excludes any area with a dimension less than 1m.
2. Where a dwelling has the principal living room at ground level, part of the required outdoor living space must be able to contain a delineated area measuring at least 20m² that:
   1. has no dimension less than 4m
   2. is directly accessible from the principal living room
   3. has a gradient not exceeding 1 in 20.
3. Where a dwelling has the principal living room above ground level, part of the required outdoor living space must include a balcony or roof terrace that:
   1. is directly accessible from the principal living room
   2. has a minimum area of 8m²
   3. has a minimum depth of 2.4m.
4. Where an entire dwelling is above ground level, it must have an outdoor living space in the form of a balcony or roof terrace that is at least 10m² and has a minimum depth of 2.4m.

8.13 Dwellings fronting the street

Purpose: ensure dwellings are orientated to provide for passive surveillance of the street and contribute to streetscape amenity.

1. The front facade of a dwelling or dwellings on a front site must contain:
   1. glazing that is cumulatively at least 30 per cent of the area of the front facade (excluding the garage door)
   2. a door that is the main entrance to the dwelling.

8.14 Maximum building length

Purpose: manage the length of buildings along side and/or rear boundaries and the separation between buildings on the same site to visually integrate them into the surrounding neighbourhood.

1. The maximum length of a building along a side or rear boundary is 20m, after which there must be a separation of at least 5m along the same boundary to any other building on the same site.

8.15 Fences

Purpose: enhance passive surveillance over the street and maintain the open character of front yards.

1. Fences in a front yard must not exceed 1.2m in height.

Figure 16: Fences within the front yard

8.16 Garages

Purpose:

• reduce the dominance of garages as viewed from the street
• avoid parked cars over-hanging the footpath.

1. A garage door facing a street must be no greater than 40 per cent of the width of the front facade of the dwelling to which the garage relates.
2. Garage doors must not project forward of the front façade of a dwelling.
3. The garage door must be set back at least 5m from the site’s frontage.

8.17 Minimum dwelling size

Purpose: dwellings are of a sufficient size to provide for the day-to-day needs of residents.

1. Dwellings must have a minimum net internal floor area as follows:
   1. 40m2 for studio dwellings
   2. 45m2 for one bedroom dwellings.

8.18 Daylight to dwellings

Purpose: principal living rooms and bedrooms receive a good degree of daylight.

1. The principal living room must have external glazing that is at least 40 per cent of the floor area of that space.
2. Bedrooms must have external glazing that is at least 20 per cent of the floor area of that space.

8.19 Minimum dimension of principal living rooms and principal bedrooms

Purpose: principal living rooms and bedrooms are of a size sufficient to accommodate standard size furniture and circulation space.

1. The principal living room within a dwelling must have no dimension less than 3m, measured perpendicular from the internal walls of the room.
2. The principal bedroom within a dwelling must be at least 3m in width and 3.5m in length measured perpendicular from the internal walls of the room. Cupboards and other storage space may be included in the minimum dimension.

8.20 Servicing and waste

Purpose: dwellings within medium to large-scale residential development have sufficient space within the building or site to accommodate the storage of waste.

1. A building or site containing 10 or more dwellings must provide a communal storage area for waste. The size of the communal storage area must be an aggregate of the minimum areas specified for the dwelling types below:
   1. studio and one bedroom – 0.3m²
   2. two bedrooms – 0.5m²
   3. three bedrooms – 0.7m²
   4. four or more bedrooms – 1m².
2. An additional 30 per cent in area of the total floor area area required above must be provided within the communal storage area for manoeuvring or sorting within the waste storage area.

8.21 Water and wastewater

Purpose: ensure development can be serviced by connections to the water supply and wastewater networks.

1. At the time of application for building consent, the applicant must demonstrate to the satisfaction of the council that there is an available connection to the water supply and wastewater networks.

8.22 Storage

Purpose: ensure dwellings have sufficient space for the storage of everyday household items and bulky items, such as bicycles.

1. A building or development containing 5 or more dwellings must provide covered storage space for each dwelling with internal measurements of at least 4m3, excluding storage within the kitchen and bedroom wardrobes. The storage may be within the dwelling or external to it, within the site.
2. The required storage space for each dwelling must include a single covered storage space within internal dimensions of at least 2m3.

8.23 Dwelling mix

Purpose: large-scale residential development provides variety in dwelling sizes.

1. In a single development containing more than 10 dwellings, the combined number of studio and one bedroom dwellings must not exceed 70 per cent of the total number of dwellings within the development.

8.24 Universal access

Purpose: medium to large-scale residential development provides equal physical access and use for people of all ages and abilities.

1. Where a new building or development contains 10 or more dwellings, 20 per cent of those dwellingsmust comply with the following:
   1. doorways must have a minimum clear opening width of 810mm
   2. stairwells must have a minimum width of 900mm
   3. corridors must have a minimum width of 1050mm
   4. the principal means of access from the frontage, or the parking space serving the dwelling, to the principal entrance of the dwelling must have:
      1. a minimum width of 1.2m
      2. a maximum slope of 1:20
      3. a maximum cross fall of 1:50.
2. Where the calculation of the dwellings required to be universally accessible results in a fractional dwelling, any fraction that is less than one-half will be disregarded and any fraction of one-half or more will be counted as one dwelling.
3. All dwellings required to be universally accessible must provide at least one parking space for people with a disability. The dimensions and accessible route requirements for such parking spaces are detailed in Section 5.5 of the New Zealand Building Code D1/AS1 New Zealand Standard for Design for Access and Mobility – Buildings and Associated Facilities (NZS 4121-2001).