Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 and the Medium Density Residential Standards (MDRS)
On 20 December, the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 was passed into law.
This amendment:
- Requires Tier 1 councils in Auckland, and greater Hamilton, Tauranga, Wellington and Christchurch to change their planning rules so most of their residential areas are zoned for medium density housing through the adoption of ‘Medium Density Residential Standards (MDRS)’.
- Creates a new streamlined process so that Tier 1 councils can implement the National Policy Statement on Urban Development’s (NPS-UD) intensification policies faster.
The MDRS are of significant public interest, noting these standards will require Councils to set seven building requirements to enable (but not ‘require’) medium density to be built across much more of our urban areas.
In summary:
- The MDRS will result in fewer resource consents being required and a simpler process that avoids notification when a resource consent is needed (e.g. for certain developments of more than 3 units).
- A number of existing rules applying to medium density development will no longer apply.
- The new standards are detailed below, but in summary, they will enable landowners to build up to three houses of up to three storeys on their site as of right on most sites.
- The new standards will also apply to alterations to existing buildings and single house builds.
- The new rules and policies enabling medium density and intensification in district plans are to be notified by 20 August 2022, and until that time the existing rules apply.
- Whilst the default position is that the new standards will apply in residential zones, Councils may seek to exclude certain sites or areas from the new standards. Such areas may be subject to existing (or new) overlays on planning maps. For example, areas prone to natural hazards (High Flood Hazard Management Areas) or with recognised heritage items may be excluded. Where such features do not exist, it is likely that the new MDRS will apply. Given that there remains some uncertainty as to the extent of these excluded areas, a watching brief will be required until the new provisions are notified in August 2022.
For more advice, please contact one of our planners at https://www.novogroup.co.nz/contact/
| Comparison of the single house/general residential provisions in tier 1 council district plans | |||||
| Provisions | New Medium Density Residential Standards (MDRS) | Auckland Unitary Plan – Single House Zone |
Christchurch District Plan – Residential Suburban Zone | Selwyn District Plan – Living 1 Zone |
Waimakariri District Plan – Residential 2 / 3 Zone |
| Dwellings permitted (max) | 3 | 1 | 1 | 1 | 1 |
| Building height (max) | 11m (except 50% of roof may be 12m where 15° pitch) | 8m | 8m | 8m | 8m |
| Height in relation to boundary (max) | 4m + 60° | 2.5m + 45° | 2.3m + 26° to 55° | 2.5m + 30° to 55° | 2.5m + 35° to 55° |
| Setbacks (min) | Front – 1.5m Side – 1m Rear – 1m |
Front – 3m Side/Rear – 1m |
Front – 4.5m to 5.5m Side/Rear – 1m |
Front – 4m Side/Rear – 2m |
2m from any road boundary/ accessway |
| Building coverage (max) | 50% | 35% | 35% | 40% | 35% |
| Landscaped area (min) | 20% (can include tree canopy area) | 40% | No requirement | No requirement | No requirement |
| Impervious coverage (max) | – | 60% | No requirement | No requirement | No requirement |
| Outdoor living space (min)
(d) – dimension |
20m2 + 3m(d) (GF) 8m2 +1.8m(d) (UF) (Can provide a communal space instead) |
No requirement | 90m2 +6m(d) | 50m2 + 4m(d) (GF) 1.5m(d) (UF) |
No requirement |
| Outlook space (min) | Principal living room -4m x 4m All other habitable rooms –1m x 1m |
No requirement | 4m from internal boundary for balconies and living windows (UF) | No requirement | No requirement |
| Windows to street (min) | 20% of street facing façade to be glazed windows or doors | No requirement | No requirement | No requirement | No requirement |
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Note:
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| Comparison of the medium density (or nearest equivalent) residential provisions in tier 1 council district plans | |||||
|
Provisions |
New Medium Density Residential Standards (MDRS) | Auckland Unitary Plan – Mixed Housing Urban Zone |
Christchurch District Plan – Residential Medium Density | Selwyn District Plan – Living 1 Zone |
Waimakariri District Plan – |
| Dwellings permitted (max) | 3 | 3 | No limit | 1 | 1 |
| Building height (max) | 11m (except 50% of roof may be 12m where 15° pitch) | 11m | 11m | 8m | 8m |
| Height in relation to boundary (max) | 4m + 60° | 3m + 45° | 2.3m + 35° to 55° | 2.5m + 30° to 55° | 2.5m + 35° to 55° |
| Setbacks (min) | Front – 1.5m Side – 1m Rear – 1m |
Front – 2.5m Side/Rear –1m |
Front – 2m Garage setback 4.5m– 8m Internal boundary –1m |
Front – 4m Side/Rear –2m |
2m from any road boundary/ accessway |
| Building coverage (max) | 50% | 45% | 50% | 40% | 50% |
| Landscaped area (min) | 20% (can include tree canopy area) | 35% | 20% | No requirement | No requirement |
| Impervious coverage (max) | – | 60% | No requirement | No requirement | No requirement |
| Outdoor living space (min)
(d) – dimension |
20m2 + 3m(d) (GF) 8m2 +1.8m(d) (UF) (Can provide a communal space instead) |
20m2 + 4m(d) (GF) 5-8m2 +1.8m (d) (UF) |
(Studio, 1 bed) 16m2 – (2+ bed) 30m2 + 4m (d) (GF)
16m2 + 1.5m (d) (UF) |
50m2 + 4m(d) (GF) 1.5m(d) (UF) |
– |
| Outlook space (min) | Principal living room -4m x 4m All other habitable rooms –1m x 1m |
Principal living -6m x 4m Principal bed -3m x 3m All other room – 1m x1m |
4m from internal boundary for balconies and living windows (UF) | No requirement | No requirement |
| Windows to street (min) | 20% of street facing façade to be glazed windows or doors | No requirement | No requirement | No requirement | No requirement |
Note:
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