PC78 Learning Summary - H5.5. Notification Rule
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1. Introduction
This is a learning summary guide designed to assist with understanding the changes proposed under Auckland Unitary Plan PC78: Intensification.
2. Notification of residential units under MDRS – Schedule 3A
There are two different notification scenarios under clause 5 of the Schedule 3A:
Public and limited notification is precluded for the construction and use of four or more residential units that comply with the density standards.
Public notification is precluded for the construction and use of one to three residential units that do not comply with the density standards.
The Ministry for the Environment have clarified that the notification requirements do not override the general notification provisions under the RMA, e.g., Sections 95A and 95B.
3. Proposed Amendments to H5.5. Notification Rule
Existing notification preclusions are proposed to be deleted, with the exception of integrated residential development (e.g., retirement villages).
New rules are proposed to coincide with the requirements of clause 5 of Schedule 3A. An application for dwellings will be required to comply with all standards listed.
Any application that requires resource consent under another plan rule will not be able to take advantage of the notification preclusions – for example, if an earthworks consent is required, or consent is required within Stormwater Management Area Flow (SMAF), the application will remain subject to the normal tests for notification under the RMA.
4. Summary
Plan Change 78 does not propose to make the notification provisions in the Auckland Unitary Plan more enabling.
Whether notification is required for an application would be subject to the same tests as applications currently are.
The enabling notification provisions in Schedule 3A of the RMA will have little effect in practice and are unlikely to lead to more applications being processed on a non-notified basis.
