Understanding MDRS Qualifying Matters: A Property Owner's Guide to Development Rights
The MDRS are a part of New Zealand's current planning framework. While the government's recently announced Going for Housing Growth programme proposes to make MDRS optional for councils (once they have demonstrated compliance with their Housing Growth Targets), the standards currently remain in legal effect in Auckland through Plan Change 78 (PC78).
Under PC78, it's important to understand that MDRS provisions may not have immediate legal effect on sites where QMs are applicable. QMs serve important functions in protecting areas of cultural, historic, or ecological significance, and managing development in areas with natural hazards.
This guide will help you understand how QMs might affect development opportunities on your site under the current planning framework.
While focused on Auckland, the principles discussed may be relevant to other regions where intensification plan changes are still being determined.
Note: This learning summary reflects current knowledge as of 22 November 2024. Planning requirements and interpretations may evolve over time.
Q1. How do I know if my site is proposed to be a zone that incorporates the MDRS?
Plan Change 78 – Intensification is the Auckland Council initiated plan change that seeks to incorporate the MDRS. To see the proposed zoning for your property under PC78:
Go to the Auckland Council’s Plan Change 78 map viewer: Plan Change 78 map viewer, 18 August 2022
Input your address in the ‘Find address or place’ bar at the top
If your site is proposed to be zoned ‘Residential – Mixed Housing Urban Zone’ or ‘Residential – Terrace Housing and Apartment Buildings Zone’, the MDRS are proposed to be incorporated into the zone provisions.
Q2. What is a Qualifying Matter?
Qualifying matters include sites of cultural, historic, or ecological significance, or requirements to avoid development in areas with natural hazards.
Table A1.4.8.1 of Plan Change 78 provides a list of qualifying matters in zones, overlays, and Auckland-wide provisions. We have created a table listing these below. The qualifying matters that most commonly affect sites are highlighted in yellow.
Note that we have not included Table A1.4.8.2 Qualifying matters in precincts, see the link above for this specific table.
Auckland Unitary Plan Qualifying Matters
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Q3. How do I know if my site is subject to a Qualifying Matter?
On the Plan Change 78 map, when you look up your site, there may be spatially identified qualifying matters listed that are applicable to your site, under the heading ‘Spatially identified Qualifying Matter/s’.
For example, the site shown below is subject to ‘Regional Maunga Viewshafts and Height and Building Sensitive Areas Overlay’:
If there are no spatially identified qualifying matters, there may still be other qualifying matters as defined by Auckland Council applicable to your site.
Common qualifying matters that affect sites in Auckland, are natural hazards, and Airspace Restriction Designations. These are discussed below.
Airspace Restriction Designations
Airspace Restriction Designation – ID 1102 affects a large number of sites. If you look up your property on the Auckland Council Unitary Plan Map - Unitary Plan Operative in part, which is separate from the PC78 Map, you will be able to see whether a Designation affects your property. This will show up in the bottom left hand information column. I.e.
The following map shows the entire area affected by Designation ID 1102. As you can see, it is quite extensive and excludes this entire area (shaded red) from being able to utilise MDRS:
Note that there are other designations (as highlighted in the above Table A1.4.8.1) that are also QMs.
Designations that are not listed in Chapter A, and are also not shown spatially identified in the PC78 map viewer, are not proposed QMs.
Airspace restriction designations not listed and not spatially shown include:
Whenuapai Airfield Approach and Departure Path Protection (4311)
Ardmore Airspace restriction (200)
Natural Hazards
Flood plains are a spatially identified qualifying matter on the PC78 map:
When determining whether flood plains constitute a QM under PC78, the PC78 map viewer's flood plain mapping is the definitive reference, and may differ from that shown in the Auckland Council GIS viewer.
Other natural hazard QMs include:
Coastal hazards;
Overland flow paths; and
Land which may be subject to land instability
You will be able to see whether your site is affected by any of these natural hazard QMs on the Auckland Council GIS, by turning on the ‘natural hazards’ layer.
‘Land which may be subject to land instability’ is defined in the Auckland Unitary Plan, under Chapter J1 Definitions.
Q4. If I am not proposing any works that would affect the actual Qualifying Matter area, can I use MDRS?
Under the current interpretation of Section 77M(4)(a) and ‘qualifying matter area’ (refer below), use of MDRS may not be available across a site even if proposed works are outside the qualifying matter area itself.
This means that even if you are not proposing any works that would affect the qualifying matter area of the site (i.e. the building height is well below the Airspace Restriction Designation or Volcanic Viewshaft Overlay, or nowhere near an overland flow path), MDRS cannot be utilised across the full site because the ‘site’ itself is still subject to a QM.
Where a QM such as an overland flow path is not mapped on the PC78 map, there may be opportunities to provide technical evidence demonstrating that no natural hazard QM exists on the site. Such matters are typically assessed on a case-by-case basis.
Q5. My site is not subject to any Qualifying Matters. Can I therefore utilise MDRS for a development on my site?
If you are looking to fully clear the site/ demolish any existing buildings, then yes, you can utilise MDRS to develop up to three dwellings on the site.
If you are looking to retain an existing development on the site, you would need to be careful with checking that the existing development also meets all the MDRS.
For example, if you are looking to retain an existing dwelling, and build two additional dwellings on the site, the existing dwelling must not have any existing infringements to MDRS, including outlook space and yard setback standards.
Where existing infringements exist, full compliance with MDRS standards are required before MDRS provisions can be utilised, even if the existing infringement(s) would remain unchanged.
Q6. I have confirmed that I can utilise MDRS for my development. Do I still need a resource consent?
You will still need a resource consent if:
You are looking to undertake any type of subdivision.
There are infringements to other operative rules in the Auckland Unitary Plan which are not being replaced by MDRS. For example, common rules triggered include earthworks (with thresholds on residential sites being 500m2 and 250m3 maximum), or transport-related rules.
If your project involves replacing an existing dwelling with a new dwelling, or additions and alterations to an existing dwelling, you may be able to avoid needing a resource consent and could proceed with lodging a building consent application only. However, we recommend seeking professional planning advice before advancing with your project to ensure all relevant planning considerations are addressed.
Summing Up
Understanding how qualifying matters affect your property's development potential under MDRS is crucial for making informed decisions.
While this guide provides a comprehensive overview, every property is unique and may have specific considerations.
For tailored advice about your development project, we recommend contacting our planning team.
This learning summary is intended as general guidance only and should not be relied upon as professional advice.
