Variation 3 Enabling Housing Supply

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A district plan sets the rules for land use, development, and subdivision.

Every development project taking place in the Waikato District needs to be assessed under the Waikato District Plan to determine if resource consent is required.

These changes are directed by central government under the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021. However, Waikato District Council is aiming to do this in a managed way; one that respects our environment and the features of our district that are important to us.   

Council must apply the changes in Huntly, Ngaaruawaahia, and Tuakau because those towns had a population of over 5000 people in 2018. Pookeno has been included as it is intended to be a future urban environment and services the Auckland labour market.

From 19 September 2022, you can view full details of the variation, including the relevant Planning Maps, at:

• Waikato District Council website www.waikatodistrict.govt.nz/Variation3; and
• Waikato District Council offices and libraries.

The changes set out by central government are not optional. However, we want to ensure we do not apply a generic approach. After careful consideration, Council is seeking the following approach:

• Renaming the existing Medium density residential zone in Huntly, Ngaaruawaahia, Pookeno and Tuakau to Medium density residential zone 2;
• The existing rules of the Medium density residential zone enable three, three storey residential units as a permitted activity if all the standards are met. The new zone retains that approach;
• The new zone is applied within walking distance of the four town centres and largely aligns with the existing Medium density residential zone;
• Amending the subdivision rules for the Medium density residential zone 2 so residential subdivision is a controlled activity;
• Retaining the current provisions for the General residential zone around the outer fringe of Huntly, Ngaaruawaahia, Pookeno and Tuakau; and
• Relies on the existing rules to limit development on sites where there is a special feature, such as a significant natural area or the Waikato River as an outstanding natural landscape.
• Limiting development on sites close to activities that are incompatible with intensive housing such as  nationally significant infrastructure.

A qualifying matter is a feature that makes intensive housing not suitable or limits the number of houses that can be put on a site. Examples include a feature such as a protected historic heritage building, or sites next to important infrastructure like a state highway. 

Papakaainga development on Maaori land is permitted across the district. There are currently no limits on the building height or number of units able to be built for papakaainga.

Variation 3 is not proposing any changes to the papakaainga provisions. However, the changes will increase the number of units available to be developed by whanau Maaori on General land where this is located within the four towns.

Natural character of waterbodies and Te Ture Whaimana o Te Awa o Waikato have been identified as a qualifying matter.

We are keeping the current approach of setting buildings back from waterbodies but applying them to the Medium density residential zone 2. We are keeping a maximum level of impervious surfaces to ensure there is sufficient area for soakage and stormwater management. The intent is that this will help preserve the health and well-being of our awa.

Historic heritage has been identified as a qualifying matter. The provisions of the Historic Heritage chapter will continue to apply to those areas identified on the planning maps as being a Historic Heritage item.

Sites and areas of significance to Maaori have been identified as a qualifying matter. Variation 3 is not proposing any changes to the existing rules to these scheduled sites.

Natural features such as outstanding natural landscapes and significant natural areas have been identified as a qualifying matter in our approach.

The provisions of the Ecosystems and Indigenous Biodiversity will continue to apply for clearance of indigenous vegetation and significant natural areas.

Similarly, the existing rules of the Proposed District Plan will continue to protect the outstanding natural landscapes.

The provisions of the Natural Hazards and Climate Change chapter will continue to apply to those areas identified on the planning maps as being potentially affected by a natural hazard​, including:

• Flood plain management area and Flood ponding area​
• High risk flood area​
• Defended area (Residual risk)​
• Mine subsidence risk area

We are proposing to retain setbacks from nationally significant infrastructure, including:

• State highway​
• Rail​
• Gas transmission​
• National Grid

The decisions on the Proposed Waikato District Plan included areas zoned for Medium density residential development. The proposed Variation will mean that there will be additional areas zoned for Medium density residential development.

The existing Medium density residential zone is very similar to the level of development enabled by the Act so the differences between the new zone and existing zone are modest.  The existing Medium density residential zone allows 3 houses of 3 storey height on each site (if they meet the standards) which is the same as the Act requires. The areas of difference between the existing and new zone are around some of the standards, such as requiring windows to face the street and having outlook spaces around windows.

There are 444 sites in the four towns which are proposed to be rezoned to Medium density residential zone 2. Two rural sites on Helenslee Road Pookeno are proposed to be zoned as General residential zone as they are completely surrounded by residential properties. 

The Medium density residential zoned sites in the four towns are proposed to be converted to Medium density residential zone 2. 

This is because of a qualifying matter: urban fringe. Concentrating intensive residential development within walking distance of town centres supports a range of other transport methods such as walking, cycling and public transport. It supports the economic viability of the town and having employment opportunities close to home.